Idaho Administrative Code
Title IDAPA 50 - Pardons and Parole, Commission of
Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE
Section 50.01.01.450 - COMMUTATIONS
Universal Citation: ID Admin Code 50.01.01.450
Current through August 31, 2023
A Commutation may be considered for a person convicted of any misdemeanor or felony crime to modify a sentence imposed by the sentencing jurisdiction. (3-23-22)
01. Petition. A petition must be submitted to initiate the process. Only forms approved by the Commission will be accepted and must be completed correctly per the instructions on the form. (3-23-22)
a. The petition must contain the reason a
modification of sentence is requested and the precise modification which is
requested, such as the following. (3-23-22)
i.
Change a consecutive sentence to concurrent. (3-23-22)
ii. Reduce the maximum length of sentence.
(3-23-22)
iii. Reduce the minimum
fixed term of a sentence. (3-23-22)
iv. Change a fixed sentence to indeterminate.
(3-23-22)
v. Change a sentence in
any other manner not described. (3-23-22)
b. The Commission may consider one (1)
application from any one (1) person in any twelve (12) month period from the
date of denial. (3-23-22)
c.
Petitions may be considered at any time by the Commission but are usually
scheduled for consideration in the quarterly sessions in January, April, July,
and October. (3-23-22)
d. Petitions
must be received no later than the first day of the month prior to the next
designated quarterly hearing session for which the offender is applying.
(3-23-22)
e. Review or deliberation
on the petition by the Commission will be conducted in executive session.
(3-23-22)
f. Any petition may be
continued for additional information or for further consideration.
(3-23-22)
g. The petition is
limited to no more than six (6) pages; the petition will not be considered if
the document exceeds this number. (3-23-22)
h. An alleged parole violator is not eligible
to file a petition until the violation has been adjudicated.
(3-23-22)
i. The Commission will
not consider a commutation for early discharge from parole in any case until
the parolee has served at least one (1) year on parole as outlined in Section
20-1012, Idaho Code. (3-23-22)
i. The Commission will not consider an early
discharge for a parolee who has a sex crime or violent crime until one-third
(1/3) of the remaining time from the parole release date to full term release
date has been served on parole; or until ten (10) years have been served on
parole on a life sentence for any crime. (3-23-22)
ii. A parole officer, parole officer
designee, or parole officer supervisor can petition the Commission to consider
an early discharge upon reaching the timelines established in this section.
(3-23-22)
iii. If the parolee is
permanently incapacitated or terminally ill, the Commission may consider and
grant an early discharge from parole after one (1) year for any crime.
(3-23-22)
02. Commutation Hearing. The scheduling of a hearing is at the complete discretion of the Commission; if a commutation hearing is scheduled, the Commission will determine the date of the hearing. (3-23-22)
a. Notice of a commutation hearing will be
published in a newspaper of general circulation at Boise, Idaho, at least once
a week for four (4) consecutive weeks immediately prior to the hearing.
(3-23-22)
b. A copy of the notice
of publication will be mailed to the prosecuting attorney of the county from
which the petitioner was committed. (3-23-22)
c. Victims of the offender will be notified
when a hearing is scheduled. (3-23-22)
d. Written notice of the hearing date, time,
and location will be sent to the applicant at the address given on the
application or as otherwise requested. (3-23-22)
i. The Commission shall make such appearance
mandatory, or may deny the commutation. (3-23-22)
e. The decision and supporting documents
regarding a commutation will be filed with the Secretary of State and the
Executive Director will provide all notice that a commutation is granted
consistent with Section
20-1018, Idaho Code.
(3-23-22)
03. Death Sentence. (3-23-22)
a. Exceptions to
the commutation petition page limit may be made by the Executive Director in
cases of offenders under sentence of death. (3-23-22)
b. At any time, the Commission may review a
file, information, or interview an offender without activating the commutation
process. (3-23-22)
c. Commutation
petitions must be initiated by the petitioner or his legal counsel. Legal
counsel must provide verification that he has been retained by the petitioner
or his family to prepare and submit the petition. (3-23-22)
d. The Commission may elect to receive and
consider a petition for a death penalty modification at any time.
(3-23-22)
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