UNMANNED AIRCRAFT SYSTEMS – Adds to existing law to establish provisions regarding unmanned aircraft systems near Department of Correction facilities.

68th Legislature, 2nd Regular Session (2026)

Idaho law prohibits operating drones within two nautical miles of correctional facilities and authorizes authorities to use limited mitigation to stop nefarious drones, with penalt

Reported Printed and Referred to Judiciary, Rules & Administration

#aircraftandairports #correctiondepartment #federallawsandrelations #prisonsandprisoners #safety

Summary of Bill H 499 (2026) – Idaho

Purpose and intent

Establishes rules and enforcement around unmanned aircraft systems (UAS) near Idaho Department of Corrections facilities.

Aims to deter nefarious use of drones in proximity to correctional facilities by creating defined terms, permitted mitigation measures, and penalties for unlawful activity.

Key provisions and changes

New section added: 20-251, Idaho Code, detailing UAS near Department of Corrections facilities.

Definitions:

Mitigation measures: actions (including jamming) to neutralize, intercept, disable, or disrupt a UAS to prevent illegal or harmful activity.
Nefarious manner: use of a UAS for illegal, dangerous, or harmful purposes (e.g., spying, contraband smuggling, facilitating crime, direct safety or security threats).
Proximity: within two nautical miles of the farthest defined perimeter of a correctional facility.
Restricted airspace: airspace over a correctional facility as shown on VFR charts.

Authorized mitigation (when needed):

Corrections or law enforcement may deploy measures to address threats posed by UAS in proximity to restricted airspace. This can include detection/tracking/identification and interception or disabling of the UAS by legal and safe means (e.g., jamming, hacking, or physical capture).

Conditions for action:

Actions may be taken only if there is reasonable suspicion that the UAS is operating in a nefarious manner within the restricted airspace near a correctional facility.
The Department of Correction or law enforcement is not liable for damage or loss of the UAS resulting from mitigation.
The Department shall post notices on roads near facilities designating the area as a “Drone No Fly Zone.”

Prohibited activity and penalties:

Unlawful to operate a UAS within the proximity of the restricted airspace of a correctional facility.
Penalties: a fine of at least $2,000 but not more than $5,000, or up to 1 year of imprisonment.
Forfeiture: the UAS used in connection with the unlawful act must be forfeited.

Operator responsibilities:

UAS operators must be familiar with all airspace restrictions and the location of correctional facilities and other restricted airspace.
Lack of knowledge that the act occurred within restricted airspace is not a defense.

Who is affected

UAS operators in Idaho, particularly those operating near correctional facilities.

Idaho Department of Corrections and law enforcement agencies, which would have authority to implement mitigation measures and enforce the provisions.

General public and travelers, due to posted “Drone No Fly Zone” notices near facilities.

Procedural and timeline aspects

Effective date: July 1, 2026 (the act includes an emergency declaration enabling immediate or near-immediate enforcement upon passage).

Administrative steps: Department of Corrections must post notices near facilities indicating the no-fly zones.

Fiscal impact

Official fiscal note states no anticipated impact to the general fund or other state/local funds, as the measure sets standards rather than expanding major operations.

Overall, H 499 creates a regulatory framework to discourage drone activity near Idaho correctional facilities, authorizes limited mitigation by authorities, and establishes penalties for unlawful UAS operations within a defined proximity.