Cue the intro: “Knight Rider, a shadowy flight into the dangerous world of a man who does not exist. Michael Knight, a young loner on a crusade to champion the cause of the innocent, the helpless, the powerless, in a world of criminals who operate above the law.”
Sorry, this post has absolutely nothing to do with the 1980s TV show “Knight Rider” but I couldn't help myself. Today's post deals with an interesting Idaho specific legal option available in many felony cases: The “Rider” program.
In the past, when a defendant is convicted of a felony charge in Idaho, the judge has only two options available at sentencing: 1. Send the defendant to prison, or 2. Place the defendant on probation. As a middle ground, the courts in Idaho have developed a third option when it comes to sentencing felonies: The “Rider.”
A Rider is more serious than being placed on felony probation but provides the defendant with an opportunity to avoid prison. When sentenced to a Rider, the judge will “retain jurisdiction” over the case. This means, if the defendant is successful in completing the Rider program the Court may decide not to impose the remaining prison term but place the defendant on probation instead.
Generally, when sentenced to a Rider, the defendant will first be placed at the “Receiving and Diagnostics Unit” (RDU). While at RDU, the defendant is assessed for the best possible programming based on the particular circumstances. This includes, for example, the “CAPP Rider” and the “Traditional Rider.” The CAPP Rider is a program designed for defendants with substance abuse issues. A Traditional Rider is for programming for cognitive and behavior issues. At the time of sentencing the judge may recommend a specific type of Rider, but this recommendation is not binding. The RDU may assign the Defendant to the programming it deems to be the best fit.
Once assigned a specific Rider, the goal of the defendant is to complete the programming without any issues. This means the defendant should be on their best behavior. One screw up during this time may be the difference between a future on probation and a future in prison. A Rider is the Court's way of providing the defendant with one last chance, it is a gift, and as such the backlash for poor behavior is swift and harsh.
When the defendant has completed programming, the Court will order the defendant to be brought back for a “Rider Review”. The Idaho Department of Corrections will draft a report of the offender's performance during the Rider, along with their recommendation to the Court. The defendant's attorney will make the argument as to why the defendant deserves probation and the Court will then make a decision as to whether to place the defendant on probation or to send them to prison.
Anyone facing felony charges should be represented by an attorney. Any wrong slip and a defendant who could have received probation will end up on a Rider, or worse yet, a defendant who could have received a Rider will end up in prison. You should also have an attorney to represent your interests at a Rider Review. The stakes are high in these cases and it is important to have someone vigorously represent your interests.