Idaho
Idaho leads nation in women's incarceration – East Idaho News
BOISE (InvestigateWest) — Despite having some of the nation’s lowest crime rates, Idaho incarcerates more women per capita than any other state.
Women convicted of violent crimes like assault, sexual abuse or murder make up nearly half of the female prison population nationally. But in Idaho, the majority of women behind bars are locked up for drug possession, according to a report released Tuesday by the Idaho Justice Project urging lawmakers and state leaders to take action. The nonprofit promotes reducing incarceration through increased mental health and addiction treatment.
The report, authored by the nonpartisan group’s executive director, Erica Marshall, uses decades of federal and state data to explain how Idaho’s female incarceration rate grew to three times the national average and offers policy solutions that prioritize rehabilitation over punishment.
The recommendations include increasing diversion programs and drug court participation; reducing sentences for low-level and first-time offenders; allowing inmates to deduct time from their sentence for good behavior; offering medication-assisted addiction treatment in jails and prisons; and developing clear standards for parole.
“These are our neighbors, these are our family members, and we need to do everything we can to help these women overcome these issues,” Marshall said. “But we’re not going to get to that point with shame and judgment and prison jumpsuits. We’re going to get to that point by offering them some resources that they need to help themselves.”
But in a state where legislators have embraced a tough-on-crime approach to justice, it’s a hard sell. Efforts to reduce drug use and trafficking in Idaho have led state lawmakers to increase penalties in recent years and fund a new women’s prison to hold more offenders.
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It’s a matter of public safety, said Rep. Bruce Skaug, R-Nampa, who is chair of the House Judiciary, Rules and Administration committee that reviews and introduces criminal justice legislation.
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“It’s a sad statistic that so many women are incarcerated in Idaho but the question is: Who do you want to release from prison?” Skaug said. “As I look through the list of offenders in our incarceration institutions, I don’t see a long list of people who should be released early.”
In 2023, 4,226 women were arrested for drug crimes, according to crime data from the Idaho State Police. That same year, Idaho had the 13th lowest violent crime rate in the nation, according to federal data.
Compared to the rest of the country, Idaho women spend nearly twice as long behind bars for possession charges, according to the Idaho Justice Project report. They have fewer options for reducing those sentences since Idaho is one of the only states without deductions for good behavior. And they face harsher penalties for probation or parole violations that often lead back to prison.
“Clearly the punitive response to drug use and the tough-on-crime, war-on-drugs politicking is having a harmful effect on women in Idaho in particular,” said Wanda Bertram, a spokeswoman for the Prison Policy Initiative, which studies and advocates to reduce mass incarceration across the U.S.
Less than a week into the legislative session, Skaug proposed a $300 minimum fine for possession of up to 3 ounces of cannabis. Adults caught with more than 3 ounces already face a felony charge that carries a fine of up to $10,000 or five years imprisonment, or both.
RELATED | ‘What are we doing?’: Idaho bill to impose minimum marijuana fines heads for House vote (2025)
Last year, lawmakers sharpened penalties for fentanyl users and distributors by imposing mandatory minimum prison sentences, which were already in place for cannabis, methamphetamine, cocaine and heroin. The law also allows a person to be charged with a felony if they supplied fentanyl that resulted in a fatal overdose.
The number of women behind bars has increased annually since 2020, pushing the limits of Idaho’s overcrowded jails and prisons. An InvestigateWest analysis found that one-third of Idaho jails failed inspections last year, many of them due to unsafe conditions caused by overcrowding.
In 2022, lawmakers dedicated $112 million for a new 848-bed women’s prison south of Boise.
“That’s a $112 million investment into the status quo,” Marshall said. “What we really need is that level of investment — well honestly probably even less — into treating these issues at the front end, because when we’re helping people stay sober and stay in recovery and stay with their kids we can save the state millions of dollars and stop these women from committing crimes in the first place.”
Rep. Marco Erickson, R-Idaho Falls, voted in favor of the fentanyl law and funding for the new prison despite his concerns over Idaho’s high female incarceration rate.
Erickson, who is also a member of the House Judiciary, Rules and Administration committee, said lawmakers have discussed the issue of women behind bars. But he does not recall any legislative proposals targeting the problem.
“The question is always how do you create that fine line between justice and mercy,” Erickson said. “We want to allow these women to remain at home and to continue to be a parent to their kids and not put them into the state system, but we also want justice, and that balance is important.”
After reading the report, Erickson said he supports forming a working group to study the issue and propose solutions.
Women’s incarceration began to skyrocket in the 1990s following national and state laws aimed at curbing illegal drug use. Bertram said Prison Policy Initiative research found that those policies largely failed and created a new crisis.
“That turn toward punishment has not succeeded in stemming an overdose crisis, it has not been making communities safer, but it has succeeded in bringing a lot more women into the prison system,” Bertram said.
Shannon Lynch, a psychology professor at Idaho State University who spent 20 years studying incarcerated women, urged lawmakers to consider the unique needs of women trapped in a criminal justice system designed for men.
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Most women in prison were victims of physical or sexual abuse long before they were charged with a crime, said Lynch, whose research is cited in the Idaho Justice Project report. They often faced depression, post-traumatic stress disorder and other mental health conditions that went untreated, driving them to substance use, she said. Many come from poor economic backgrounds or grew up with a family member who was incarcerated.
Inadequate support for child care, housing, employment, health care and addiction treatment leaves Idaho women struggling to recover from the impacts of incarceration or comply with the conditions of their probation and parole after they’re released. Unable to rebuild their lives, many women return to drugs to help them cope and end up back in prison.
“A lot of people in Idaho think that if we lock people up, that improves public safety, but that’s not true,” Marshall said. “Instead, it just causes destabilization for families who are already facing challenges and that hurts all of us, it makes all of us weaker, and we have to step up and address that.”
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Whitney Bryen reports on injustice and vulnerable populations for InvestigateWest. A journalist since 2010, she is dedicated to raising marginalized voices and holding power to account especially at the intersection of mental health and criminal justice. Reach her at (208) 918-2458 or whitney@investigatewest.org.
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Idaho
Idaho bill aims to criminalize transgender bathroom use in private businesses
BOISE, Idaho (AP) — Idaho lawmakers are considering a bill that would make it a crime for transgender people to use the bathroom that matches their gender identity — even inside privately owned businesses.
At least 19 states, including Idaho, already have laws barring transgender people from using bathrooms and changing rooms that align with their gender in schools and, in some cases, other public places. The LGBTQ+ advocacy organization Movement Advancement Project’s tracking of the laws shows that three other states — Florida, Kansas and Utah — have made it a criminal offense in some circumstances to violate the bathroom laws.
READ MORE: Ohio Gov. DeWine signs bill restricting transgender students’ use of bathrooms
But none of the others apply as broadly to private businesses as the Idaho bill, which covers any “place of public accommodation,” meaning any business or facility that serves the public. The state’s Republican supermajority Senate is expected to vote on the bill this week, deciding whether to send it to Gov. Brad Little’s desk.
Felony bathroom use?
If the law is passed, anyone who enters a public facility like a bathroom or locker room designated for the opposite sex could be sentenced to a year in jail for a misdemeanor first offense, or up to five years in prison for a felony second offense. That’s a longer sentence than Idaho imposes for a first drunken driving conviction or for displaying offensive sexual material in public.
Protecting those spaces is a “matter of safety” and “decency,” said Republican Sen. Ben Toews told a Senate committee last week.
“Private spaces such as restrooms, changing areas and showers are sex-separated for a reason,” Toews said. “Individuals in these vulnerable settings have a reasonable expectation of privacy and security.”
The bill does carve out several exceptions. Athletic coaches, people responding to emergencies, people supervising inmates, custodians, and people helping children who need bathroom assistance get a pass. So does someone who is “in dire need” of a bathroom, if the bathroom they use is the only one that is reasonably available at the time.
Law enforcement groups say it’s a bad bill
Law enforcement groups including the Idaho Fraternal Order of Police and the Idaho Chiefs of Police Association oppose the bill, which they say would place officers in impossible positions, tasking them with visually determining someone’s biological sex or their level of “dire need.” The Idaho Sheriff’s Association asked lawmakers to require that people first ask any suspected violator to leave the bathroom before calling authorities, but lawmakers refused.
Heron Greenesmith, deputy policy director at Transgender Law Center, said the “dire need” exception could be especially hard to assert — and that the idea that a person can use a public restroom only in an emergency is dehumanizing.
“How does one prove that one was going to poop on the floor?” they asked.
Opponents fear vigilantism
John Bueno, a transgender student at the University of Idaho and a member of the student group Queer Inclusion Society, said the school has lots of single-use restrooms, which helps mitigate the logistical impacts of the bill. But the legislation would likely lead to more unwanted “profiling” of people, whether they are transgender or not, she said.
“It’s this cultural attitude of getting other Americans to habitually be narcing on one other and doing this sort of ‘transvestigating’ — that is what these kinds of bills promote,” Bueno said.
It all comes down to an effort to disenfranchise transgender people, Bueno said.
“This will increasingly deter queer individuals from Idaho universities and the state as a whole,” she said. “Which to be fair, is probably the primary purpose.”
Bill could impact employment opportunities
Nikson Matthews, a transgender man with a beard, told a panel of lawmakers last week that the bill would force him into the women’s restroom, where his masculine appearance puts him at risk of aggression from people who think he’s intruding.
“It creates a crime — but that is not based on conduct or harm,” Matthews said. “It is based on presence, and to justify that you have to accept that someone’s presence alone is traumatizing and harmful enough to criminalize.”
It could also make it difficult for transgender people to work, said Boise resident Laura Volgert.
“People might be able to hold it for an hour if they’re at a restaurant for lunch or at a grocery store,” she told lawmakers during a committee hearing. “They can’t be expected to hold it for a full eight-hour shift.”
That’s the point of these types of laws, said Greenesmith, to “make it untenable to go to the movies, to go to the doctor, to go to the bank.”
Proponents say that isn’t the case.
Proponents say safety and privacy is key
Suzanne Tabert, a Sandpoint resident, said the bill is about “maintaining, clear, enforceable boundaries” so that women and children can feel safe.
“If we lose the ability to protect based on biological sex, we lose our most effective tool for preventing harassment, voyeurism and other sex crimes before they occur,” she said.
She later continued, “This legislation is not about how an individual identifies, nor does it seek to target or malign the transgender community. Rather it upholds a universal standard of privacy.”
Bathrooms are not the only place where lawmakers have been placing restrictions on transgender people in the name of protecting women and girls. At least 25 states bar transgender women and girls from some women’s and girl’s sports competitions. And at least 27 states have laws restricting or banning gender-affirming care for minors.
Expanding all of these policies are priorities for President Donald Trump, too.
The only widely reported arrest of someone on charges of violating transgender bathroom restrictions was part of a protest in Florida last year.
Mulvihill reported from Haddonfield, New Jersey.
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Idaho
Governor Brad Little signs Isaiah’s Law, expanding child protections in Idaho
CANYON COUNTY, Idaho — Two new laws aimed at expanding protections for Idaho children were signed Wednesday morning at the Statehouse, a milestone for families who have turned heartbreak into advocacy.
Back in January, adoptive mother Monique Peyre came to Idaho News 6 heartbroken after a 12-day-old baby boy, Benji, died in Nampa. Peyre, who had previously adopted Benji’s siblings, became a driving force behind legislation designed to better protect vulnerable children across the state.
RELATED | ‘Please put eyes on this baby’: Adoptive and foster mothers’ warnings before Nampa baby’s death
On Wednesday, Governor Brad Little signed Isaiah’s Law and the Foster Child Safety Act into law. Peyre’s advocacy was central to both bills, which aim to strengthen child welfare protections and provide clearer guidance to courts and caseworkers.
“It feels very, very surreal to get to this day just because I adopted them [Benji’s siblings] about a year ago, April 3rd, and I just never thought it would happen this quickly,” Peyre said.
Isaiah’s Law, or Senate Bill 1257, inspired by Peyre’s adopted son, Isaiah, strengthens protections for foster children during parental visitations.
“Today’s bills reflect a continued commitment to strengthening the system from multiple angles, protecting children and clearly defining their rights,” Governor Little said.
WATCH: Families come together for child protection law signings
Governor Brad Little signs Isaiah’s Law, expanding child protections in Idaho
For Peyre, seeing the bill signed was a way to turn personal tragedy into hope for others.
“It makes their pain and what they went through and the hardship of all of it worth something,” she said. “It kind of brings closure to their story.”
For Isaiah, the day brought a sense of comfort and security. “I feel… comfortable and safe,” Isaiah said.
Peyre also emphasized the importance of persistence in advocacy, encouraging others to take action.
RELATED | Nampa remembers Benji as legislation protecting vulnerable children advances
“I wanna say like the biggest thing was just to start emailing and reaching out to people, and you never know. It really does go a long way,” she said.
The Foster Child Safety Act also received the governor’s signature today. This bill updates Idaho’s child welfare policies, giving caseworkers and courts clearer guidance to keep children safe and ensure their well-being remains the top priority.
The last bill in Peyre’s legislative push, Benji’s Law (House Bill 776), is still awaiting a hearing in the Senate. The legislation aims to ensure quicker responses from authorities and remove judgment calls that could delay child safety interventions.
“All we’re asking for is a quicker response and no judgment call—just look and see if those are the guidelines that this baby falls under and go check on that baby sooner rather than later,” Peyre said.
For Isaiah, the moment was an accomplishment, but he hopes for a day when he can meet his baby brother Benji in heaven.
“I really want to achieve… a day that I get to see… seeing my little, I mean my baby brother that is… is in heaven,” Isaiah said.
RELATED | Idaho lawmakers advance bill requiring faster checks on at-risk babies
Benji’s Law is still making its way through the Statehouse, but supporters are hopeful it will also be signed into law by the end of the session.
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This story was initially reported by a journalist and has been, in part, converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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Idaho
Cases of HIV Are ‘Surging’ in Idaho; Here’s What You Need to Know
Local health authorities in Idaho, particularly those in Eastern and Southeastern Idaho, are reaching out to the public about an increase in HIV cases. The increase which is being called more of a ‘surge’, by local health officials, is cause for concern in Idaho and is serving as a stark reminder to be in touch — and proactive — with your health.
Numbers of cases are outpacing not only last year–but the last FIVE years.
In the first three months of 2026, there have been seven new cases and diagnosis of HIV. That is how many the area has seen in a year over the past five years.
Contracting these diseases is no joke–and safety is key. Idahoans are urged to practice safe sex not just amid the uptick–but all of the time. Officials also encourage frequent testing as needed, following sexual activity with new partners.
Reaching out to the public is the Eastern Idaho Public Health Department, which serves Bonneville, Clark, Custer, Fremont, Jefferson, Lemhi, Madison, and Teton Counties.
According to the World Health Organization–there are signs and symptoms of HIV, but they vary depending on the stage of infection.
HIV spreads more easily after a person is infected. In the first few weeks after being infected there is a chance that some may not experience symptoms at all. Others may have an flu-like illness including:
- fever
- headache
- rash
- sore throat.
As the immune system is progressively weakened, other signs and symptoms include:
- swollen lymph nodes
- weight loss
- fever
- diarrhea
- cough.
And finally, if one is to go without treatment, those living with HIV infection can also develop severe illnesses:
- tuberculosis (TB)
- cryptococcal meningitis
- severe bacterial infections
- cancers such as lymphomas and Kaposi’s sarcoma.
Not to scare anyone–but these infections are serious.
Learn more, HERE.
Four Idaho Hospitals Achieve Impressive ‘A’ Patient Safety Ranking for Fall 2025
Leapfrog just updated their patient safety ratings for Idaho’s 14 hospitals for Fall 2025. These four facilities are this year’s top performers.
Gallery Credit: Michelle Heart
Newsweek’s Top 7 Hospitals in Idaho for 2025
Gallery Credit: Michelle Heart
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