Idaho Administrative Code
Title IDAPA 06 - Correction, Department of
Rule 06.02.01 - RULES GOVERNING THE SUPERVISION OF OFFENDERS ON PROBATION OR PAROLE
Section 06.02.01.014 - ESTABLISHMENT OF LSU
Universal Citation: ID Admin Code 06.02.01.014
Current through August 31, 2023
The Department shall establish a LSU and will monitor unit success, offender compliance, and oversee caseload and supervision activities. (7-1-21)
01. Transfer to LSU. (7-1-21)
a. Qualifying Factors.
Supervisors will review District staff recommendations for transfer to the LSU.
Qualifying Factors. Consideration for transfer to the LSU unit will be based on
the following factors: (7-1-21)
i. Validated
Assessment of Potential to Re-Offend. The LSU candidate shall have their
potential for re-offense and needs determined through a validated actuarial
assessment. To qualify for assignment to the LSU, candidate scores on the risk
and needs assessment must be at or below the "low" potential to re-offend level
with no increase in risk level for at least ninety (90) days during active
supervision immediately prior to transfer, or at or below the "moderate"
potential to re-offend level with no increase in risk level for at least three
hundred sixty (360) days during active supervision immediately prior to
transfer. (7-1-21)
ii. Income and
Employment Status. The LSU candidate must have verified full-time employment of
at least thirty-two (32) hours per week, or be a full-time student, or have
adequate lawful income from non-employment sources including retirement,
spousal or child support, student financial aid, disability income or SSI.
(7-1-21)
iii. Drug Screening. If
the LSU candidate is being supervised at moderate risk or lower they must
establish a documented history of negative results on urine sample analyses for
banned substances for a period of ninety (90) days before being a candidate for
the LSU. Drug screening may be waived for a LSU candidate with a lack of
history of drug or alcohol abuse or due to prior supervision at a low risk
level of more than one (1) year. (7-1-21)
iv. Legal and Financial Obligations. The LSU
candidate must have paid all LFOs in full as directed or have established a
record of actively making payments on all outstanding LFOs. (7-1-21)
v. Court Ordered Jail Time and Community
Service. The LSU candidate must have established a record of progress toward
successful completion of all court ordered obligations for local incarceration
and community service. (7-1-21)
vi.
Special Terms and Conditions Imposed by Court or Commission. The LSU candidate
must have completed or be in compliance with all of the special terms and
conditions of probation or parole ordered by the court or the Commission.
(7-1-21)
b. Disqualifying
Factors. The following factors disqualify an offender from being considered a
candidate for transfer to the limited supervision unit: (7-1-21)
i. Additional offenses: (7-1-21)
(1) Conviction of a new felony while on
active probation or parole in the past twenty-four (24) months; or
(7-1-21)
(2) Conviction of a
violent misdemeanor in the past twelve (12) months; or (7-1-21)
(3) Conviction of a misdemeanor DUI offense
in the past twelve (12) months. (7-1-21)
ii. Violation in the past twelve (12) months
of a term or condition of probation or parole imposed by the court or the
Commission resulting in a Level 3 sanction. (7-1-21)
iii. Interlock Device. Any indicator of
alcohol use from the state approved ignition interlock system within the past
twelve (12) months. (7-1-21)
iv. No
Contact Orders and Civil Protection Orders. The LSU candidate is the respondent
in an active No Contact Order or Civil Protection Order. The disqualifying
order must be independent of terms and conditions of probation or parole and
violation of the order must subject the offender to arrest and potential
punishment under Section
18-920 or
39-6312, Idaho Code.
(7-1-21)
c. Consideration
of Court or Commission Recommendations for Assignment to LSU. The Department
will review all recommendations received at any time from the sentencing court
or the Commission for assignment of an offender to the LSU and will advise the
court and prosecuting attorney or Commission of its decision on such
recommendation. (7-1-21)
d. Parolee
Meeting Early Discharge Criteria. Without regard to the qualifying and
disqualifying factors set forth in Subsections
014.01.a. and 01.b., a parolee
who has been denied early discharge by the Commission will be eligible for
referral to the LSU. (7-1-21)
02. Monitoring and Compliance. (7-1-21)
a. Offenders must report on a
regular basis (7-1-21)
b. The PPO
or designee must monitor for adherence to offender's condition of supervision
to include, but not limited to, searching for the following: (7-1-21)
i. New criminal case filings;
(7-1-21)
ii. Status of legal and
financial obligations; or (7-1-21)
iii. Warrants.
(7-1-21)
03. Removal from LSU Unit. The Department may in its discretion remove the offender from the LSU unit and assign the offender to a higher level of supervision. (7-1-21)
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