2005 Idaho Code - 31-2227 — ENFORCEMENT OF PENAL LAWS -- PRIMARY RESPONSIBILITY

                                  TITLE  31
                           COUNTIES AND COUNTY LAW
                                  CHAPTER 22
                                   SHERIFF
    31-2227.  ENFORCEMENT OF PENAL LAWS -- PRIMARY RESPONSIBILITY.
Irrespective of police powers vested by statute in state, county, and
municipal officers, it is hereby declared to be the policy of the state of
Idaho that the primary duty of enforcing all the penal provisions of any and
all statutes of this state, in any court, is vested in the sheriff and
prosecuting attorney of each of the several counties. When in the judgment of
such county officers, they need assistance from municipal peace officers
within the county, they are authorized and directed to call for such and such
local officers shall render such assistance.
    When in the judgment of such county officers, advice and/or assistance is
needed which is not available in the county, the sheriff and/or the
prosecuting attorney are directed to call upon the Idaho state police for such
advice and assistance and the department shall render such cooperative
service. Whenever in the opinion of the governor any peace officer of this
state refuses to offer assistance when requested to do so, or refuses to
perform any duty enjoined upon him by the penal statutes of this state, the
governor shall direct the attorney general to commence action under chapter
41, title 19, Idaho Code, to remove such officer from office.
    When in the judgment of the governor the penal laws of this state are not
being enforced as written, in any county, or counties, in this state, he may
direct the director of the Idaho state police to act independently of the
sheriff and prosecuting attorney in such county, or counties, to execute and
enforce such penal laws. In such an instance, the attorney general shall
exclusively exercise all duties, rights and responsibilities of the
prosecuting attorney.