Idaho Admin. Code r. 50.01.01.250

Current through August 31, 2023

Section 50.01.01.250 - PAROLE

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)

Idaho Admin. Code r. 50.01.01.250