Idaho Administrative Code
Title IDAPA 06 - Correction, Department of
Rule 06.02.01 - RULES GOVERNING THE SUPERVISION OF OFFENDERS ON PROBATION OR PAROLE
Section 06.02.01.000 - LEGAL AUTHORITY

01. Section 19-2601(5), Idaho Code. Pursuant to Section 19-2601(5), Idaho Code, if the court places a defendant on probation to the Board of Correction the court includes in the terms and conditions of probation a requirement that the defendant enter into and comply with an agreement of supervision with the Board. (7-1-21)

02. Section 20-212, Idaho Code. Pursuant to Section 20-212, Idaho Code, the Board has authority to make all rules necessary to carry out the provisions of Title 20, Chapter 2, Idaho Code, not inconsistent with express statutes or the state constitution. (7-1-21)

03. Section 20-217A, Idaho Code. Pursuant to Section 20-217A, Idaho Code, the director has authority to assume all the authority, powers, functions and duties as may be delegated to him by the Board. (7-1-21)

04. Section 20-219(3), Idaho Code. Pursuant to Section 20-219(3), Idaho Code, the Board shall have the discretion to determine the level of supervision of all persons under its supervision, except those who are being supervised by problem solving courts. (7-1-21)

05. Section 20-219(5), Idaho Code. Pursuant to Section 20-219(5), Idaho Code, in carrying out its duty to supervise felony probationers and parolees, the Board shall use evidence-based practices, target the offender's criminal risk and need factors with appropriate supervision and intervention and focus resources on those identified by the board as moderate and high-risk offenders. Supervision shall include the use of validated risk and needs assessments measuring criminal risk factors, specific individual needs and driving variable supervision levels. (7-1-21)

06. Section 20-219(7)(a), Idaho Code. Pursuant to Section 20-219(7)(a), Idaho Code, the Board has authority to promulgate rules in consultation with the Supreme Court to establish a program of limited supervision for offenders who qualify addressing eligibility, risk and needs assessments, transfers among levels of supervision, and reporting to the court and the prosecuting attorney. (7-1-21)

07. Section 20-219(7)(b), Idaho Code. Pursuant to Section 20-219(7)(b), Idaho Code, the Board has authority to promulgate rules in consultation with the Supreme Court to establish a matrix of swift, certain and graduated sanctions and rewards to be imposed by the Board in response to corresponding violations of or compliance with the terms or conditions imposed. Sanctions for violations include, but are not limited to, community service, increased reporting, curfew, submission to substance use assessment, monitoring or treatment, submission to cognitive behavioral treatment, submission to an educational or vocational skills development program, submission to a period of confinement in a local correctional facility for not more than three (3) consecutive days and house arrest. Rewards for compliance include but are not limited to, decreased reporting and transfer to limited supervision. (7-1-21)

08. Section 20-233(2), Idaho Code. Pursuant to Section 20-233(2), Idaho Code, the Board may submit a request to the Commission for a final order of discharge from the remaining period of parole for any parolee under the Board's supervision at any time during the period of parole. (7-1-21)