Idaho Administrative Code
Title IDAPA 06 - Correction, Department of
Rule 06.02.01 - RULES GOVERNING THE SUPERVISION OF OFFENDERS ON PROBATION OR PAROLE
Section 06.02.01.010 - DEFINITIONS
Current through August 31, 2023
01. Agreement of Supervision. A written agreement prepared by the Department for each offender under supervision by the Board that sets forth in language that is clear and easy to understand the specific acts that an offender must do, or must not do, while on probation or parole including compliance with the terms and conditions of probation or parole. (7-1-21)
02. Assessment of Potential to Re-Offend. Use of an actuarial instrument that has been validated in Idaho to determine the likelihood of an offender engaging in future criminal behavior, measure criminal risk factors, and define specific individual needs. (7-1-21)
03. Board. The State Board of Correction. (7-1-21)
04. Commission. The Commission of Pardons and Parole. The decision-making body that has the authority to grant, revoke, reinstate, or refuse parole. The Commission of Pardons and Parole is commonly referred to as the Parole Commission. (7-1-21)
05. Department. The Idaho Department of Correction. (7-1-21)
06. Director. The director of the Idaho Department of Correction. (7-1-21)
07. Discretionary Jail Time. A suspended jail sentence imposed as a condition of probation, to be used by the probation officer in increments not to exceed forty-eight (48) hours without prior court approval or as approved by the court. (7-1-21)
08. Division. The Idaho Department of Correction, Division of Probation and Parole. (7-1-21)
09. Idaho Response Matrix. A matrix of graduated sanctions and rewards established by the Board in consultation with the Supreme Court that provides for responding swiftly and certainly to offender violations or compliance with the terms and conditions of probation or parole imposed by the court or the Commission and the Agreement of Supervision with the intent to promote long-term behavioral change. (7-1-21)
10. Legal and Financial Obligation. An obligation owed by an offender that was incurred or imposed as a result of the commission of a criminal offense. Includes court costs, fines, fees, cost of supervision and restitution. (7-1-21)
11. Offender. A probationer or parolee under the legal care, custody, supervision, or authority of the Board, including a person within or outside of the state of Idaho pursuant to an agreement with another state or contractor. (7-1-21)
12. Parolee. A person who: (7-1-21)
13. Probationer. A person who is permitted by the court to continue to live and work in the community while being supervised by the Board under the terms and conditions ordered by the court and the agreement of supervision for an established period of time rather than being held in prison. (7-1-21)
14. Reward. An incentive used to acknowledge an offender's compliance with terms and conditions of probation or parole, the agreement of supervision, the offender management plan or other prosocial behavior. (7-1-21)
15. Sanction. A sanction is a response identified in the Idaho Response Matrix (IRM) to be implemented by the PPO to respond to offender behavior that is contrary to the terms and conditions of probation or parole set by the court or Commission or the agreement of supervision. (7-1-21)
16. Terms and Conditions of Probation or Parole. The specific terms and requirements, including special terms and conditions, ordered by the court or Commission in the case of a particular offender. (7-1-21)
17. Violent Misdemeanor. Any misdemeanor offense that includes, as an element of the offense or as part of the underlying facts: (7-1-21)
