Idaho Administrative Code
Title IDAPA 50 - Pardons and Parole, Commission of
Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE
Section 50.01.01.010 - DEFINITIONS

01. Absconder. An offender who has fled supervision, whose whereabouts are unknown, and for whom a warrant for a violation of supervision has been issued or requested.

02. Commission Warrant. Warrant of arrest for alleged parole violation issued by the Executive Director or a Commissioner.

03. Commissioner. A member of the Commission who is appointed by the Governor to carry out decision-making functions regarding parole, pardons, commutations, remission of fines, and firearm rights restoration.

04. Commutation. Clemency powers pursuant to Article IV, Section 7 of the Idaho Constitution and Sections 20-1016 and 20-1012, Idaho Code, granted to the Commission or to the Commission with the approval of the Governor, as required by law, which allow for a sentence to be modified, including a final discharge from the remaining period of parole.

05. Concurrent Sentence. Sentence served at the same time as another.

06. Consecutive Sentence. Sentence served upon completion of another sentence or before beginning another sentence.

07. Detainer. A document authorizing the detention of an offender in custody for a parole violation. Offender may be housed in a county jail or a correctional institution in state or out of state.

08. Determinate Sentence. Fixed portion of the sentence when an offender is not eligible for release on parole.

09. Dispositional Hearing. A hearing held before the Commissioners to render a decision whether to reinstate, modify, or revoke parole.

10. Executive Session. Any meeting or part of a meeting of the Commission that is closed to the public for deliberation on certain matters, as set forth in Section 20-1003, Idaho Code.

11. File or Case Review. Review of central file, Commission file, and/or additional information submitted, without testimony or interview of offender or parolee.

12. Full Term Release Date. The date an offender completes the term of sentence.

13. Hearing. The opportunity to be interviewed by the Commission, a Commissioner, or other designated Commission staff.

14. Hearing Session/Session. A series of hearings conducted by the Commission.

15. Indeterminate Sentence. Portion of sentence following the determinate sentence, during which time an offender is eligible for release on parole.

16. Offender. A person under the legal care, custody, supervision, or authority of the board of correction, including a person within or outside Idaho pursuant to agreement with another state or contractor.

17. Pardon. Clemency powers pursuant to Article IV, Section 7 of the Idaho Constitution and Section 20-1016, Idaho Code, granted to the Commission or to the Commission with the approval of the Governor as required by law, which allows for sparing the applicant from punishment for a crime, removing any other effects, penalties, or disabilities that the conviction carries or stem from that conviction, and restoring the applicant's civil rights.

18. Parole. Conditional release from a penal institution under a contractual agreement between the Commission of Pardons and Parole and offender. Parole is not a right, but is a matter of grace.

19. Parole Eligibility Date. The earliest date that an offender may be eligible for parole release, which coincides with the date that the indeterminate portion of the offender's sentence begins. In the event there are multiple sentences, the sentence having the latest indeterminate begin date will be used as the offender's parole eligibility date.

20. Preliminary Hearing. A hearing conducted by an objective representative of the supervising authority or an individual appointed by the Executive Director to determine if there is probable cause to believe the alleged violations of the parole contract occurred.

21. Risk Assessment. Validated tool developed to determine risk of recidivating based on offender criminogenic needs.

22. Respite. The temporary suspension of the execution of a sentence other than death until the next session of the Commission.

23. Reprieve. The temporary suspension of the execution of a sentence of death until the next session of the Commission.

24. Supervising Authority. The agency responsible for community supervision of parolees which is Idaho Department of Correction.