01.
Parole Consideration.
(3-23-22)
a. The Commission may release an
offender to parole on or after the date of parole eligibility, or not at all.
(3-23-22)
b. Parole consideration
is determined by the individual merits of each case. (3-23-22)
c. Parole decisions will consider factors to
include, but not limited to: (3-23-22)
i.
Seriousness of and aggravating factors involved in the crime.
(3-23-22)
ii. Mitigating factors
involved in the crime or related to the offender's circumstances.
(3-23-22)
iii. Prior criminal
history of the offender. (3-23-22)
iv. Failure or success of past probation and
parole. (3-23-22)
v. Institutional
history to include overall behavior, involvement in programs, jobs, custody
level at time of the hearing, and disciplinary and corrective action.
(3-23-22)
vi. Evidence of the
development of a positive social attitude and the willingness to fulfill the
obligations of a good citizen. (3-23-22)
vii. Information or reports regarding
physical or psychological condition. (3-23-22)
viii. The strength and stability of the
proposed parole plan, including adequate home placement and employment.
(3-23-22)
ix. Outcome of a
validated risk and needs assessment. (3-23-22)
02.
Primary Review. For all
offenders eligible for parole, a review for the purpose of setting the initial
parole hearing will be conducted. (3-23-22)
a.
The Executive Director or a designee will conduct the primary review following
receipt of the sentence calculation from the Department of Correction. The
month and year of the initial parole hearing will be established based upon the
sentence calculation. (3-23-22)
i. In cases
where an offender is serving both a court-ordered retained jurisdiction period
and a current sentence of imprisonment, the primary review will not be
conducted on the imprisonment case until the court-retained jurisdiction case
has been concluded. (3-23-22)
ii.
In cases where the offender has a death sentence, or a life without parole
sentence, a primary review will not be conducted. (3-23-22)
iii. In cases with specified fixed terms, the
initial hearing will be scheduled approximately six (6) months prior to the
offender's parole eligibility date. An initial hearing will not be scheduled
until all fixed terms (consecutive and concurrent) the offender is currently
serving are within six (6) months of completion. (3-23-22)
iv. If an offender escapes prior to the
primary review or the initial hearing, the review or hearing will be conducted
within a reasonable time of notification of the offender's return to custody,
taking into consideration any new commitments, changes in sentence calculation,
and the time to conduct an interview and report. (3-23-22)
v. If an offender is committed to the
department of correction and such offender is eligible for parole immediately,
or within the first six (6) months of their incarceration, the initial parole
hearing will be scheduled within six (6) months from the month the Commission
was notified of the commitment. (3-23-22)
03.
General Conditions of
Parole. The Commission establishes rules and conditions for every
offender released to parole. Rules and conditions of parole will be provided in
writing and signed by the parolee indicating the parolee's understanding of the
conditions of parole. Conditions of parole include: (3-23-22)
a. The parolee is required to enter into and
comply with an agreement of supervision with the Idaho Department of
Correction. The agreement of supervision shall include provisions setting forth
potential sanctions for a violation of the conditions imposed and potential
rewards for compliance with the conditions imposed, as such sanctions and
rewards are set forth in rules of the Board. (3-23-22)
b. The parolee will go directly to the
destination approved by the Commission and, upon arrival, report as instructed
to the parole officer or person whose name and address appear on the arrival
notice; any deviation in travel plans will require prior permission from the
Commission staff. (3-23-22)
c. The
parolee will: (3-23-22)
i. Support dependents
to the best of parolee's ability. (3-23-22)
d. The parolee must report to the assigned
parole officer as instructed. (3-23-22)
e. If at any time it becomes necessary to
communicate with the assigned parole officer or other official designee who is
unavailable, communication will be directed to the district section supervisor.
(3-23-22)
f. The parolee will:
(3-23-22)
i. Obey all municipal, county,
state, and federal laws. (3-23-22)
ii. Not engage in conduct that is, or may be,
harmful to himself or others. (3-23-22)
iii. Not purchase, own, sell, or have in the
parolee's control, to include storing in residence, vehicle, etc., any type of
firearm for whatever purpose. (3-23-22)
iv. Not have in the parolee's control any
dangerous weapons used, or intended to be used, for other than normal purposes,
such as knives for household use. (3-23-22)
g. The parolee will: (3-23-22)
i. Abstain from use of alcoholic beverages.
(3-23-22)
ii. Abstain completely
from the possession, procurement, use, or sale of narcotics or controlled
substances, except as prescribed by a licensed medical practitioner.
(3-23-22)
iii. Freely cooperate and
voluntarily submit to medical and chemical tests and examinations for the
purpose of determining if parolee is using or under the influence of alcohol,
narcotics, or other substances, which may be at the parolee's expense.
(3-23-22)
iv. Participate in
treatment programs as specified by the Commission or ordered by the parole
officer. (3-23-22)
h. A
parolee will submit to a search of person or property, or both, to include
residence and vehicle, at any time and place by the supervisory authority or at
the direction of the Commission, and the parolee waives the constitutional
right to be free from such searches. (3-23-22)
i. The parolee is fully advised that written
permission is required to: (3-23-22)
i.
Willfully change employment and must work diligently in a lawful occupation or
a program approved by the supervising officer; (3-23-22)
ii. Willfully change residence; or
(3-23-22)
iii. Leave the assigned
district. (3-23-22)
j.
The parolee will not abscond from supervision. (3-23-22)
k. Parolee will waive all rights relating to
extradition proceedings if taken into custody outside the State of Idaho for
failing to comply with conditions of parole and will freely and voluntarily
return to the State of Idaho to answer the allegations of parole violations.
(3-23-22)
04.
Special Conditions of Parole. (3-23-22)
a. In addition to general conditions of
parole, the Commission may add special conditions of parole appropriate to the
individual case. (3-23-22)
b. The
Commission delegates authority to the Executive Director to add additional
special conditions and to allow for emergency suspension of a condition at the
request of the Department of Correction. (3-23-22)
05.
Medical Parole. The
Commission may parole an offender for medical reasons pursuant to Section
20-1006, Idaho Code. (3-23-22)
a. Consideration will occur when the offender
is permanently incapacitated or terminally ill and when the Commission
reasonably believes the offender no longer poses a threat to the safety of
society. (3-23-22)
b. An offender
or designated Department of Correction personnel may petition the Commission to
consider medical parole. (3-23-22)
06.
Discharge from Parole. When
the maximum sentence has expired, a final discharge will be issued by the
Commission, unless a Commission warrant was issued before the full-term release
date. (3-23-22)
07.
Detainers. (3-23-22)
a. The
Commission may grant a parole to any county, state, or federal detainer that
has been lodged against an offender. (3-23-22)
i. While in the custody of the detaining
jurisdiction, the parolee is serving parole and is subject to all rules of the
housing facility and may be required to submit monthly reports to Commission
staff or the supervising authority. (3-23-22)
ii. If the parolee is released from custody
by the detaining jurisdiction, the parolee must report to the nearest Idaho
probation and parole office within five (5) days of release. The parolee must
abide by all regular rules of parole and any special conditions ordered by the
Commission. (3-23-22)
b.
The Commission may grant an offender parole to a federal immigration detainer
for deportation proceedings. (3-23-22)
i. If
the parolee is granted a release on bond or is allowed to remain in the United
States, the parolee must contact the nearest Idaho probation and parole office
within five (5) days of release. (3-23-22)
ii. If the parolee is deported from the
United States to the country of citizenship, the parolee is not to return to
the United States and doing so is considered failure to obey the law and is in
violation of the parole contract. (3-23-22)
08.
Miscellaneous File Review. A
miscellaneous file review request may be submitted by the supervising authority
to request modification of a special condition of parole or request permission
for international travel. (3-23-22)
09.
Interstate Compact.
(3-23-22)
a. An offender must be eligible for
transfer of supervision to another state under the Interstate Compact and the
receiving state must accept the transfer before the offender is released on
parole. (3-23-22)
i. Any person under state
parole who applies for a transfer of supervision to another state shall be
required to post an application fee pursuant to Section
20-225A, Idaho Code, payable to
Idaho Department of Correction, in addition to the Commission's bond.
(3-23-22)
b. Any offender
granted parole under the Interstate Compact may be required to post a bond
prior to release or prior to such acceptance under the Interstate Compact. The
amount of the bond set by the Commission is five hundred dollars ($500).
(3-23-22)
i. The bond must be posted at the
Commission office. A cashier check, money order, or online payment shall be the
only acceptable means of posting bond. (3-23-22)
ii. Failure to successfully complete parole
is grounds for forfeiture of the bond. (3-23-22)
iii. Upon successful completion or discharge
of parole without violation, the amount of the bond may be returned to payee
less an amount of ninety-five dollars ($95) for administrative costs.
(3-23-22)
iv. A request must be
made for return of the bond within one (1) year of discharge of the offense for
which the offender was serving parole. (3-23-22)