Current through August 31, 2023
01.
Initiated. The parole disposition process is initiated by a written or
verbal report describing the conditions of parole that are alleged to have been
violated. (3-23-22)
02.
Warrants. (3-23-22)
a. A supervising
authority may issue an agent's warrant to authorize local law enforcement to
transport the parolee to the appropriate jurisdiction to be housed pending an
appearance before the Commission, pursuant to Section
20-227, Idaho Code.
(3-23-22)
b. After receipt of a
report of violation, a Commission warrant may be issued by the Executive
Director or by a member or members of the Commission. There is no bond on this
warrant and issuance of this warrant suspends the offender's parole until a
determination has been made on the merits of the case. The time that a parolee
is considered to be a fugitive from justice will not be counted towards the
time on parole or as part of the sentence. (3-23-22)
i. Following arrest on a Commission warrant,
the Executive Director or the Commission will decide if the parolee will be
released to continue parole. (3-23-22)
ii. If the location of the offender is
unknown, the warrant will be entered into National Crime Information Center or
other law enforcement database and will designate from which states the
Commission will extradite the offender once arrested. At any time the Executive
Director or designee may change the area of extradition. (3-23-22)
iii. If an offender is being held in custody
on new charges in a state outside of Idaho, the warrant may be placed as a
detainer only, and written notice of this action will be submitted to the
holding facility. The time limits prescribed by law for service of the factual
allegations of the violation of the conditions of parole will begin on the date
the holding facility notifies the Commission either the warrant has been served
or is notified the offender is available for return to Idaho, whichever is
earlier. (3-23-22)
iv. If the
offender is arrested in a state other than Idaho and refuses extradition to
Idaho, it may be necessary to request a governor's warrant.
(3-23-22)
03.
Notice of Hearing Rights. (3-23-22)
a. Every parolee arrested on a Commission
warrant for alleged violation(s) of parole is entitled to a fair and impartial
hearing of the factual allegations of violation of the conditions of parole.
(3-23-22)
b. The parolee shall be
provided pertinent due process including written notice of the date, time, and
location of any and all public hearings involved in the disposition process.
(3-23-22)
04.
Witnesses. The accusing parole officer or alleged parole violator
may present witnesses in support or defense of the allegations of parole
violation. (3-23-22)
a. The Commission has no
subpoena power to compel any witness to attend a hearing. The alleged parole
violator may make a timely written request to the Commission office for certain
adverse witnesses to be available for cross-examination, and such request must
include the name, address, telephone number, email, and relationship to the
case; the hearing officer will make reasonable efforts to request their
participation. However, it is the alleged parole violator's responsibility and
the accusing parole officer's responsibility to notify their witnesses of the
date, time, and location of any and all hearings or change of hearings.
(3-23-22)
b. If it is determined by
the hearing officer or the Executive Director that the identification of an
informant or the personal appearance of a witness would subject such person to
potential risk or harm, confrontation or cross-examination will not be allowed,
and the record will reflect such determination. (3-23-22)
05.
Attorney. The alleged parole
violator may utilize the services of an attorney at any public hearing
conducted during the disposition process. (3-23-22)
a. An attorney will be paid at the alleged
parole violator's expense. (3-23-22)
b. It is the alleged parole violator's
responsibility to notify his attorney of the date, time, and location of any
and all hearings or change of hearings. The alleged parole violator's attorney
may make a request of the Commission office to be notified of any hearings and
if requested in writing, the Commission office will provide the attorney with
copies of reports or documents that are subject to disclosure according to the
public records act. (3-23-22)
c.
Commission Provided Attorney. Prior to a hearing, the alleged parole violator
may request legal representation be provided by the Commission. The Executive
Director or designee will determine if the facts presented by the alleged
parole violation or the circumstances of the alleged parole violator
demonstrate that alleged parole violator does not understand the proceedings
and is otherwise incapable of representing himself. (3-23-22)
i. If a hearing officer, after meeting with
the alleged parole violator, believes that the individual is not able to fully
understand the hearing proceedings or is otherwise incapable of representing
himself, the hearing officer shall notify the Executive Director. Upon receipt
of such notification, the Executive Director or the Commission will make an
attorney available to assist the alleged parole violator at the Commission's
expense if the facts presented demonstrate that the alleged parole violator
meets the criteria for Commission-provided attorney. In reaching this decision,
the Executive Director or Commission shall: (3-23-22)
(1) Review the case file and documents
regarding the alleged parole violator's personal history, including his
physical and mental health status. (3-23-22)
(2) Consider the alleged parole violator's
ability and capacity to understand the proceedings. (3-23-22)
(3) Order a current or competency assessment
if such would be helpful in making a decision regarding the request for
counsel. (3-23-22)
ii.
Specific time limits provided for in these rules may be waived at the
discretion of the Executive Director when an attorney is requested or provided,
or both, at Commission expense. (3-23-22)
06.
Violation and Disposition
Hearings. The hearing officer or Executive Director will determine the
location of all hearings. The parolee is required to be present at the
violation or disposition hearing, unless waived by the offender. (3-23-22)
a. Violation Hearings. (3-23-22)
i. Non-technical violations. If the alleged
parole violator is accused of violation of parole by absconding supervision or
being convicted of a felony or misdemeanor offense, the subject is not entitled
to a preliminary hearing, but is entitled to a hearing to determine guilt or
innocence of the alleged parole violation within a reasonable time following
service of a copy of the report of violation. (3-23-22)
ii. Technical violations. If the alleged
parole violator is accused of a violation of parole other than by absconding
supervision or being convicted of a felony or misdemeanor offense the subject
is entitled to a preliminary hearing by the supervising authority within a
reasonable amount of time. An on-site hearing will be conducted by a Commission
hearing officer to determine guilt or innocence within thirty (30) days from
the date the accused was served with the copy of the report of violation.
(3-23-22)
iii. Preliminary hearing.
A technical parole violator is entitled to a preliminary hearing to establish
whether there is probable cause to believe the violations may have occurred,
and such hearing will be conducted by staff of the supervising authority or as
otherwise directed by the Executive Director. The alleged parole violator is
entitled to a written decision within a reasonable time following the
preliminary hearing. If it is determined at the preliminary hearing that there
is no probable cause to support the allegations of violation of the conditions
of parole, the parolee will be released to continue parole. (3-23-22)
iv. On-Site Violation Hearing. A technical
parole violator is entitled to an on-site fact-finding hearing conducted by a
hearing officer. The on-site hearing is conducted reasonably near the site of
the alleged parole violation(s). The Executive Director or hearing officer will
determine where the hearing will be conducted. In situations where the
violation(s) occurred outside the state of Idaho, the Executive Director or
hearing officer will determine the location of the hearing. Based on Interstate
Compact rules, an on-site hearing may not be possible if charged and arrested
in a state other than Idaho. (3-23-22)
v. Violation Hearing. In most cases, a
hearing officer will conduct a fact-finding or violation hearing and will make
a finding on each allegation as to the guilt or innocence of the alleged parole
violator and may dismiss some or all allegations. If a hearing officer is
unavailable, the Executive Director will appoint someone to conduct the
hearing. (3-23-22)
b. The
parolee shall have the right to appear at a violation hearing and respond to
the allegations of violation of the conditions of parole, present witnesses,
and present evidence. (3-23-22)
c.
The parolee may confront and cross-examine adverse witnesses who have given
information on which the charges have been based unless it would subject such
person to potential risk or harm as determined by the hearing officer.
(3-23-22)
d. The alleged parole
violator is entitled to a verbal or written decision within twenty (20) days.
When a verbal decision has been rendered at the conclusion of the hearing, such
finding must be noted in the hearing officer's report. (3-23-22)
i. Prior to a disposition hearing, the
hearing officer will prepare a report of findings summarizing the violation
hearing, to include testimony, and will make specific findings for each
allegation. (3-23-22)
e.
Disposition Hearing. If finding of guilt was made on one (1) or
more of the violations, the Commission will consider whether to reinstate the
offender on parole on the same or modified conditions, or to revoke parole. The
Commission will consider all options available and will state its reasoning if
parole is revoked. The type of violations raised in the allegations and
recommendations will determine the type of disposition hearing available to the
alleged parole violator. (3-23-22)
f. Absentia Hearing. The Commission can hold
a disposition hearing without the alleged parole violator's appearance if the
alleged parole violator has signed the proper document waiving the right to
appear before the Commission, and the Commission accepts such a waiver.
(3-23-22)
07.
Miscellaneous Hearing Information. (3-23-22)
a. The Commission, through the Executive
Director, shall designate the county, state, or other facility where the
alleged parole violator shall be held. (3-23-22)
b. The alleged parole violator can request a
continuance of any hearing. The hearing officer, Executive Director, or the
Commission will determine if the continuance will be granted. If a continuance
is granted at the alleged parole violator's request, said request will
constitute a waiver of any and all time limits involved.
(3-23-22)
08.
Credit of Time on Parole. If parole is revoked, the time during
which the offender was on parole from the parole release date to the arrest
date on the agent's warrant or Commission warrant is not credited toward the
sentence unless the Commission, in their discretion, chooses to credit the time
in whole or in part per Idaho Code 201007. (3-23-22)
a. Any time the offender is incarcerated on a
parole agent's warrant and/or a Commission warrant will be credited toward the
sentence, including discretionary jail time. (3-23-22)
b. The offender will not receive credit for
incarceration time if the incarceration was for a new crime and a Commission
warrant was not served. (3-23-22)
c. The offender must provide the hearing
officer or the Executive Director with dates of incarceration and the location
of the incarceration. (3-23-22)