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What to know about Idaho’s death penalty after Chad Daybell was sentenced to death

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What to know about Idaho’s death penalty after Chad Daybell was sentenced to death


(CNN) Chad Daybell was sentenced to death for the murders of his wife and two of his second wife’s children this weekend, but when and whether he will be executed remain wide-open questions.

It’s typical for the appeals process in capital cases to go on for years, and they often reach the US Supreme Court before an inmate is ultimately put to death. In Idaho, the imposition of a death sentence is followed by a mandatory post-conviction review, and defendants are able to pursue an appeal after the filing of a death warrant.


Click here for complete coverage of the Chad Daybell trial


In the meantime, the high-profile nature of Daybell’s case – and the looming capital trial of Bryan Kohberger, who’s pleaded not guilty in the killings of four University of Idaho college students – will bring renewed attention to Idaho’s death penalty, which is seldom used and attracted headlines earlier this year when officials halted their first execution attempt in more than a decade.

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Here’s what to know about the death penalty in Idaho.

Executions are uncommon

Executions are relatively rare in Idaho, which, according to the Death Penalty Information Center, has carried out just three executions since 1976, when the US Supreme Court reinstated capital punishment. The first was in 1994, followed by two others in 2011 and 2012.

To put this in context, Texas has put to death 580 inmates within the timeframe, DPIC’s data show – by far the most of any state. And Oklahoma, which has carried out the highest number of executions per capita, has executed 124.

Only a handful of the 27 states where the death penalty remains legal have carried out as few executions as Idaho: Kentucky, Montana and Pennsylvania have also each put to death three people since 1976. Kansas, Wyoming and Oregon have executed even fewer, with zero, one and two executions, respectively.

Additionally, Idaho’s death row housed just eight inmates prior to Daybell’s sentence, according to the Idaho Department of Corrections. California – which, it should be noted, has a population more than 21 times the size of Idaho – has 638 condemned inmates, nearly 80 times the size of Idaho’s death row.

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Officials recently halted an execution

Idaho officials attempted to carry out the state’s first execution in 12 years several months ago. But they were forced to abort midway through the procedure, citing difficulties setting an intravenous line to deliver the fatal drugs for lethal injection.

That echoed difficulties seen in executions in other states, including Alabama. Officials there similarly had to call off two executions in 2022 after authorities were unable to access the inmates’ veins before their death warrants expired.

The Idaho State prison complex near Kuna is shown on February 28, the day officials halted the execution of Thomas Creech after they failed to find a vein to establish an IV line to carry out the lethal injection. (Kyle Green, AP)

The execution of Thomas Creech, scheduled in Idaho for February 28, was “unable to proceed” after eight failed attempts to establish IV access, state Department of Correction Director Josh Tewalt said at the time. The execution team encountered two different issues, Tewalt said at a news conference: In some instances it was “an access issue,” and in others a “vein quality issue.”

Tewalt praised the medical team’s willingness to halt the execution, telling reporters the state’s “first objective is to carry this out with dignity, professionalism and respect,” and he disputed the suggestion the execution was a “failure.” The department said in a statement Creech’s warrant would expire while the state considered next steps.

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2 execution methods, both with challenges

The decision to call off Creech’s execution also raised questions about when and how the state would endeavor to put an inmate to death in the future.

Tewalt told reporters a second attempt using lethal injection – Idaho’s main method of execution – would require the state to seek out new chemicals.

While he expressed “a high level of confidence” the state could secure the drugs, a number of states have struggled in recent years to obtain them after pharmaceutical companies began prohibiting the use of their products for that purpose. Ohio Gov. Mike DeWine, for example, has repeatedly postponed executions citing companies’ unwillingness to sell the drugs necessary.

Idaho recently legalized a second method of execution, with an aim toward sidestepping this kind of supply problem. Last year, Gov. Brad Little signed a new law allowing the Department of Corrections to use the firing squad if the drugs are not available.

But as of late February, the state lacked the facilities it needed to carry out an execution by firing squad, Tewalt said. In a message to corrections staff, the director said his department had been working to retrofit its execution chamber to accommodate the alternative method.

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“Those initial efforts were unsuccessful because contractors who would engage in this type of work have expressed their unwillingness to work on a project related to executions,” Tewalt said, “but efforts are ongoing.”

The director added construction on the execution chamber would prevent the state from being able to use it – even for lethal injection – until the work is completed.



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Idaho angler reels in record 43.25-inch lake trout at Payette Lake

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Idaho angler reels in record 43.25-inch lake trout at Payette Lake


An Idaho Falls angler is back in the Idaho record books after landing a record-setting lake trout at Payette Lake.

Idaho Fish and Game said Dylan Smith caught and released a 43.25-inch lake trout on May 2, setting a new state catch-and-release record for the species. The fish surpassed the previous record of 42 inches.

The catch marks Smith’s second appearance in Idaho’s record books. He previously held the state catch-and-release lake trout record after landing a trophy fish in 2018 before that mark was later broken.

According to Fish and Game, Payette Lake has become one of Idaho’s premier lake trout fisheries thanks to years of management efforts aimed at improving both lake trout and kokanee populations.

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Boise’s North End finds new way to mark Pride after Idaho law halts flag display

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Boise’s North End finds new way to mark Pride after Idaho law halts flag display


Pride Month looks different this June along Boise’s Harrison Boulevard, where a long-standing tradition of hanging Pride flags on lamp posts has been put on hold after a new state law restricted which flags can be flown on government property.

For several years, Pride flags lined lamp posts along Harrison Boulevard in Boise’s North End neighborhood. But Idaho House Bill 561, signed by Gov. Brad Little in March, restricts which flags can be flown on government property, including the City of Boise’s Harrison lamp posts.

In response, a group of neighbors formed Pride North End and launched a distribution effort to help residents show support from their own front yards. The group has been making Pride flags and yard signs available to people who want to display them at home.

“I thought that I would…be a personal example of ‘yes, this is what I do.’ This is what I believe in,” said Edna Schochat, a North End resident.

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Pride North End has already distributed more than 900-yard signs and 250 flags. The group’s original donation goal was around $2,000 to order 100 flags and 200 yard signs, but it has exceeded that GoFundMe goal, reaching $10,000 worth of donations.

The group plans to continue holding public flag and sign distributions through the end of the month.

“We cannot just say something without doing something that proves that we mean what we say,” Schochat said.

Pride North End said any leftover funds after materials are distributed will go to local LGBTQ+ nonprofits. A link to the group’s GoFundMe can be found here.



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New Idaho education laws: What students, parents and educators should know

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New Idaho education laws: What students, parents and educators should know


July 1 isn’t just the start of a new fiscal year for Idaho public schools. It’s also the effective date for many new education-related laws.

From mandatory moments of silence to restrictions on taxpayer funding for teachers’ unions, the Legislature enacted a slew of new policies affecting public schools during this year’s session.

Here’s what educators, parents and students should know:

School trustees, administrators and teachers

Here are the new laws that will affect school trustees, administrators and teachers:

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Union activities. Public schools can no longer use taxpayer resources to accommodate teachers’ unions — including by giving teachers paid time off for union “activities” or by using payroll systems to deduct union dues.

The list of union “activities” in House Bill 516 is long. Among other things, it includes:

  • Supporting or opposing candidates for office
  • Influencing legislation
  • Promoting union membership 
  • Participating in the “administration business or internal governance” of a teachers’ union
  • Preparing, conducting or attending a union event 
  • Distributing union communications 
  • Speaking on the union’s behalf
  • Engaging in union negotiations
  • Filing a grievance on behalf of the union

A school district can’t give teachers paid time off to participate in these activities, unless the union reimburses the district.

HB 516 was based on a report from the Washington-based Freedom Foundation, an anti-union think tank, which alleged that public schools have spent more than $1 million subsidizing teachers’ unions.

The bill also prohibited districts from:

  • Deducting union dues through payroll systems. 
  • Increasing teacher pay to cover union dues. 
  • Requiring that teachers meet with the union.
  • Sharing employees’ contact information with the union. 
  • Communicating on the union’s behalf.  

Civics instruction. Public schools must now ensure that their civics instruction aligns with a law aimed at cultivating the “virtue and knowledge necessary for self-government.”

Senate Bill 1336 codified nearly four pages of requirements for civics instruction. By the time public school students graduate, they must exemplify the virtues of “prudence, justice, fortitude, moderation and patriotism” while understanding the “fundamental principles of the nation’s republican form of government” along with the “history, meaning, significance, and effect of key historical documents.”

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Click here to read the list of principles and texts that students must understand.

The bill also required that high school students complete two credits in American history and two credits in American government. These classes must include instruction on the American Revolution and founding along with instruction on the incompatibility of totalitarianism with the principles of American government.

The bill also “encouraged” public schools to display historical portraits of George Washington “in a conspicuous place” in each classroom where civics is taught.

Public charter schools can request an exemption from many of the new requirements. Traditional public schools cannot.

Lastly, the bill pushed back the implementation date for a new civics test that the Idaho Department of Education is writing. The new test will be required in 2027-28, rather than during the upcoming school year.

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High-needs funding. Public schools are now eligible to receive up to $100,000 in state funding for “high-needs” special education students.

Senate Bill 1288 set aside $5 million for students who require full-time staff support or specialized equipment. Districts can apply for the state funds to cover students whose individual education program-related costs exceed $30,000 annually.

The state will fully reimburse costs between $30,000 and $80,000. Costs above $80,000 will be reimbursed at 80%, and reimbursement is capped at $100,000. Forty percent of the state funds are reserved for rural schools.

Sexual abuse reporting. School districts are no longer allowed to conduct an internal investigation of abuse in lieu of reporting an incident to law enforcement.

Sen. Tammy Nichols, R-Middleton, proposed the law in response to sexual abuse complaints against Gavin Snow, a former special education assistant in the Boise School District.

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Senate Bill 1412, which passed with unanimous support, also requires that school districts ask job applicants for sworn statements disclosing pending or prior investigations, resignations during investigations or disciplinary action stemming from misconduct. An applicant who lies in the disclosure is no longer eligible for the job.

Funding flexibility. Public school districts and charter schools are now eligible for flexibility in how they spend state funds — if they meet performance benchmarks.

To qualify for the “earned autonomy,” districts would have to post high marks on test scores and graduation rates while charters would be graded on academics and financials.

House Bill 883’s sponsors estimated that about 10 districts and 15 charters would qualify.

Parents

Here are the new laws that parents should be aware of:

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Social transition reporting. Parents will now have a right to be notified if their child identifies as a different gender at school. Schools could face a six-figure penalty for failing to comply.

House Bill 822 requires that public school officials notify parents within 72 hours if their child requests help with “social transitioning.” This includes when a student asks to go by a different pronoun or use a bathroom or participate on a sports team that doesn’t align with their birth sex.

Sponsored by Rep. Bruce Skaug, R-Nampa, the law gives parents the right to sue a school or healthcare provider for relief and monetary damages if they aren’t notified within the 72-hour window.

The attorney general can also seek a civil penalty up to $100,000.

Rep. Bruce Skaug, R-Nampa

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Virtual school policy. Parents of virtual-school students will have new restrictions on money they receive to cover the costs of home learning.

After a state report last year found examples of taxpayer money being misused, lawmakers added limits on “supplemental learning funds.” According to House Bill 624, this money can only be spent on “eligible educational expenses, including:

  • Computer hardware, internet access or other devices used to meet a student’s educational needs. 
  • Textbooks, curricula or other instructional materials, including educational software.
  • Fees for standardized tests, advanced placement exams, certificate exams or college admissions exams. 
  • Therapies, including behavioral, physical, speech-language and audiology therapies, along with other State Board of Education-approved services. 

In addition to the rules around supplemental learning funds, HB 624 added reporting requirements for private vendors that contract with virtual schools. Vendors must disclose the costs and services they provide while demonstrating a “clear relationship between the public funds received and the services provided.”

Military preference on charter waitlists. Active-duty military parents could be eligible for preference on charter school waitlists.

Lawmakers passed a bill that allows charter schools to place children from military families third among categories of students given preference on waitlists. It’s up to each charter school whether they implement the change.

Students

Here are the new laws that students should know about:

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Moment of silence. Public school students will now have to start each school day with a moment of silence.

They can use the 60 seconds however they want — to reflect, meditate or pray — but they must be silent, and “no other activities shall take place,” according to House Bill 623.

Sponsored by Rep. Bruce Skaug, R-Nampa, the law requires that a moment of silence occur “at or near the beginning of each school day.” It prohibits teachers from instructing students on the “nature of any reflection” they might engage in.

School leaders also must notify parents about the moment of silence and “encourage” them to “provide guidance” to their children on how to use it, according to the law.

Idaho Launch cuts. Less state aid will be available for students going to college after they graduate in 2027.

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For the current fiscal year and next fiscal year starting July 1, state lawmakers — with Gov. Brad Little’s approval — cut $10 million from Idaho Launch. The program offers high school graduates $8,000 to spend on an in-state higher education degree or workforce training certificate.

While the award amounts will remain the same, the state now has $65 million in scholarship money to dole out, compared to $75 million in previous years.

IDLA cuts. Fewer students are eligible to take discounted courses through the state’s online learning platform, the Idaho Digital Learning Alliance (IDLA).

House Bill 940 cut funding for IDLA’s elementary program, limiting the platform to students in grades 6-12. The bill also cut driver’s education, and eliminated state funding for students attending all-virtual schools and non-public schools — although private- and home-schoolers can pay IDLA’s full course fee and seek reimbursement through the Parental Choice Tax Credit.

HB 940 also set new fees for courses that are eligible for state funding. Courses that satisfy a graduation requirement are $40, while courses that don’t meet a graduation requirement are $100.

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