Current through August 31, 2023
01.
Information for Scheduled Commission Hearings. (3-23-22)
a. A schedule of Commission hearings will be
prepared prior to a hearing session and may be updated as necessary at any
time. The hearing schedule will be available five (5) business days prior to a
hearing session. The hearing schedule may be revised due to offender movement
between institutions or other circumstances and may not be published earlier. A
person may obtain the offender's hearing date by contacting the Commission
office or on the commission website at www.parole.idaho.gov.
(3-23-22)
b. The hearing schedule
will reflect the date, location and starting time of each hearing session and a
list of offenders scheduled for hearings and will be published on the
Commission website. (3-23-22)
02.
Location of Hearings.
(3-23-22)
a. The Executive Director will
determine the location of hearings, based upon available information when the
schedule is set. Due to circumstances beyond the Commission's control, it may
be necessary to change the location and date of a hearing or hearing session.
(3-23-22)
b. It may be necessary to
continue a hearing to a later date to allow for the offender's personal
appearance or for other unforeseen reasons. (3-23-22)
03.
Interview Method. For parole
hearings, commutation hearings, pardon hearings, remission of fines hearings,
and restoration of firearm rights hearings, an interview may be conducted
face-to-face, by telephone, or by other electronic means. The interview may be
conducted by a hearing officer or other designee of the Executive Director. If
an interview is not required, the offender may simply appear before the
Commission for a hearing. (3-23-22)
a. An
in-depth investigational report explaining the offender's social history,
criminal history, present condition, and offense will be prepared for the
Commission. The in-depth investigational report for parole consideration is
exempt from public disclosure pursuant to Section
20-1005, Idaho Code.
(3-23-22)
b. The Commission will
determine if it will conduct another hearing or make a decision based upon the
report. (3-23-22)
04.
Psychological Reports, Mental Health Evaluations, Sex Offender Risk
Assessment (SORA), Substance Abuse Evaluation, or Other. (3-23-22)
a. A SORA will be prepared for the Commission
for all offenders serving a commitment for a sex offense, or whose history and
conduct indicate an offender may be a sexually dangerous person as described in
Section 20-1005, Idaho Code.
(3-23-22)
b. The Commission, the
Executive Director, or a hearing officer can order any psychological report,
evaluation, or assessment for an offender serving a commitment for any crime.
(3-23-22)
c. All psychological,
SORA, substance abuse evaluations, and mental health reports will be maintained
in a confidential manner. (3-23-22)
05.
Interview/Hearing. The
subject of the interview/hearing is required to be present at a scheduled
interview/hearing, unless presence is excused by the Commission or except as
provided below. (3-23-22)
a. Parole
Consideration Hearing. The offender who is the subject of a hearing may be
required to be present at a scheduled hearing. If the offender declines to be
present at a parole consideration hearing, the offender is required to complete
and submit the "Inmate Refusal to Participate in Parole Interview/Hearing
Process" form and state the reason for not participating to the Commission. A
decision will be made by the Commission based upon available information.
(3-23-22)
b. Parole Violation
Hearing. The parolee is required to be present at the violation hearing, unless
waived by the parolee as explained in Rule
400.06.f. (3-23-22)
c. Medical Parole. The offender is encouraged
to be present at the hearing; the Commission may make such an appearance
mandatory or may make a final decision based on information available.
(3-23-22)
06.
Witnesses and Documents. The Commission allows for the participation of
attorneys, supporters of the offender, parolee, victims, and others who have a
direct relationship to the specific hearing or offender/parolee. (3-23-22)
a. Persons who want to testify at a hearing
must notify the Commission staff five (5) days in advance of the scheduled
hearing. Minors will not be allowed to attend, or testify at, the hearings
without prior approval of the Executive Director. (3-23-22)
b. All written documents and letters must be
submitted seven (7) days in advance of the scheduled hearing; other documents
may be allowed by the presiding Commissioners or the Executive Director.
(3-23-22)
c. An attorney or others
as determined by the Executive Director or Commission may be seated with the
offender/parolee at the hearing. (3-23-22)
d. Verbal testimony by witnesses, victims,
and attorneys may be limited by the number of persons allowed to give testimony
and by a certain time limit. The Commission will allow the attorney
representing the offender/parolee a designated time frame to provide
information to the Commission. Victims will be allowed to testify. All persons
who testify will direct their comments to the Commission. Persons will keep
their comments relevant to the proceedings. (3-23-22)
e. Any communication outside the hearing
process directed to a Commissioner is prohibited. Communication from any person
concerning a hearing, a decision, Commission practice, or to relay a concern,
must be forwarded to the Executive Director. (3-23-22)
07.
Recusal by Commissioner. It
is the responsibility of a Commissioner who has personal knowledge of a case or
other conflict to decide whether to recuse himself from participating in
deliberations and voting. The Commissioner must inform the Executive Director
of the potential conflict and recusal. (3-23-22)
08.
Decisions. (3-23-22)
a. Any decision of the full Commission
requires a majority vote of four (4) Commissioners. Panels of less than the
full commission are identified below. (3-23-22)
i. Two (2) members of the Commission may meet
to make decisions on the disposition of parole violations. Such decisions must
be unanimous. In the event they are not unanimous, then the parole violation
disposition decision will be continued and made by the full Commission,
pursuant to Section
20-1002, Idaho Code.
(3-23-22)
ii. Three (3) members of
the Commission may meet to make decisions to grant or deny parole. Such
decisions must be unanimous. In the event they are not unanimous, then the
decision to grant or deny parole will be continued and made by the full
Commission, pursuant to Section
20-1002, Idaho Code.
(3-23-22)
b. Decisions
will be given orally following the hearing and deliberation of a case by the
Commission. The decision may be sent to the offender in writing with specific
information/conditions. (3-23-22)
c. In the case of a review without a
Commission hearing, the decision will be published within a reasonable time on
the Commission website. (3-23-22)
d. Any decision made by the Commission may be
reconsidered at any time pursuant to Rule
105. (3-23-22)
09.
Rules of Conduct at
Hearings. (3-23-22)
a. All persons
attending any hearing will conduct themselves in a manner that does not disrupt
the proceedings or they may be removed from the hearing. (3-23-22)
b. All persons attending a hearing must abide
by security policies and pertinent statutes of the facility where the hearing
is being held, including being subject to search. The number of witnesses
allowed in the hearing room will follow the security policies of the facility.
(3-23-22)
c. Audio recording or
video recording of any hearing is prohibited unless allowed at the discretion
of the Commission or the Executive Director, to include placement, manner, and
type of equipment. (3-23-22)
i. Media
interviews with offenders, witnesses, victims, Commission, or staff will not be
allowed during the hearing process. The Commission is not responsible for
arranging interviews with persons other than the Commission or its staff.
Interviews are not allowed without the express consent of the individual.
(3-23-22)
10.
Review of Respites and Reprieves Granted by the Governor.
(3-23-22)
a. Approval of Respite or Reprieve.
If the Governor approves a petition for a respite or reprieve, the Commission
will review the respite or reprieve at the next regularly scheduled session of
the full Commission. At that time, the Commission shall either determine the
respite or reprieve is no longer appropriate or continue the respite or
reprieve until the matter can be scheduled for a commutation or pardon hearing
as outlined in these rules. (3-23-22)