Idaho Administrative Code
Title IDAPA 50 - Pardons and Parole, Commission of
Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE
Section 50.01.01.550 - PARDON
Universal Citation: ID Admin Code 50.01.01.550
Current through August 31, 2023
A pardon may be considered for a person convicted of any misdemeanor or felony crime. A pardon does not expunge or remove the crime from the applicant's criminal history. (3-23-22)
01. General. An application for a pardon may not be considered until a period of time has elapsed since the applicant's discharge from custody as defined below. (3-23-22)
a. Applications for pardon for non-violent
and non-sex crimes may be submitted for consideration no sooner than five (5)
years after the satisfaction of the sentence on the crime for which they are
requesting a pardon. (3-23-22)
b.
Applications for pardon for violent or sex crimes or other crimes against a
person may be submitted for consideration no sooner than ten (10) years after
the satisfaction of the sentence on the crime for which they are requesting a
pardon. (3-23-22)
c. In addition to
the provisions of (a) and (b), applications for pardon for vehicular
manslaughter pursuant to Section
18-4006(3)(b),
Idaho Code or driving under the influence, including any violation of Sections
18-8004,
18-8004C,
18-8005 or
18-8006, Idaho Code, may be
submitted for consideration no sooner than fifteen (15) years after that date
which the applicant pled guilty to or was found guilty of such a crime.
(3-23-22)
d. A pardon application
will not be considered while an offender is incarcerated or on supervision.
(3-23-22)
e. The Commission will
determine whether a hearing will be granted and the applicant will be notified
of the decision in writing. (3-23-22)
02. Application. A pardon application can be obtained from the Commission office or on the Commission website. (3-23-22)
a. The application must be
completed and returned to the Commission office. (3-23-22)
i. The completed application must include the
reasons why the pardon is requested. (3-23-22)
ii. The applicant may attach letters of
recommendation or other documents to support the request. (3-23-22)
iii. The applicant must include copies of all
court judgments and conviction documents, as well as police reports for each
crime for which a pardon is requested. (3-23-22)
iv. A pardon may be requested only once
during a twelve-month (12) period from the date of denial unless otherwise
stated by the Commission. (3-23-22)
v. An application may not be considered if
there is significant law enforcement contact since sentence or discharge.
(3-23-22)
b. Upon receipt
of the completed application and required documentation, eligible applications
will be reviewed by the Commission. The Commission may request an investigation
of the applicant by Commission staff. The report will contain the following:
(3-23-22)
i. A criminal records check will be
conducted to include any law enforcement contact since the release from
supervision or incarceration. (3-23-22)
ii. The applicant's employment history since
discharge from supervision or incarceration. (3-23-22)
iii. The applicant's willingness to fulfill
the obligations of a law-abiding citizen, including family information,
community involvement, volunteer service, hobbies, and related interests.
(3-23-22)
iv. The applicant's
employment and education status, including any professional or vocational
achievements, training, and any additional information as deemed necessary or
appropriate. (3-23-22)
v.
Confirmation that all restitution and fines as ordered by the sentencing court
are paid. (3-23-22)
vi. An
interview with the applicant may be conducted and a summary of the interview
provided. Said interview may be conducted in person or by electronic means.
(3-23-22)
03. Hearing. The scheduling of a hearing is at the complete discretion of the Commission. If a pardon hearing is scheduled, the Commission will determine the date of the hearing. (3-23-22)
a. Notice of a pardon hearing shall be
published in a newspaper of general circulation at least once a week for four
(4) consecutive weeks immediately prior to the hearing. (3-23-22)
b. A copy of the publication will be mailed
to the prosecuting attorney of the county from which the petitioner was
sentenced. (3-23-22)
c. Victims of
the offender will be notified in writing 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 pardon. (3-23-22)
e. The applicant will be given written notice
of the decision and such notice will be sent to the last known address.
(3-23-22)
f. The decision and
supporting documents regarding a pardon will be filed with the Secretary of
State consistent with Section
20-1018, Idaho Code.
(3-23-22)
Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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