Section 50.01.01.450 - COMMUTATIONSA Commutation may be considered for a person convicted of any misdemeanor or felony crime to modify a sentence imposed by the sentencing jurisdiction.
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.a. The petition must contain the reason a modification of sentence is requested and the precise modification which is requested, such as the following. i. Change a consecutive sentence to concurrent.ii. Reduce the maximum length of sentence.iii. Reduce the minimum fixed term of a sentence.iv. Change a fixed sentence to indeterminate.v. Change a sentence in any other manner not described.b. The Commission may consider one (1) application from any one (1) person in any twelve (12) month period from the date of denial.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.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.e. Review or deliberation on the petition by the Commission will be conducted in executive session.f. Any petition may be continued for additional information or for further consideration.g. The petition is limited to no more than six (6) pages; the petition will not be considered if the document exceeds this number.h. An alleged parole violator is not eligible to file a petition until the violation has been adjudicated.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.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.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.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.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. 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.b. A copy of the notice of publication will be mailed to the prosecuting attorney of the county from which the petitioner was committed.c. Victims of the offender will be notified when a hearing is scheduled.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.i. The Commission shall make such appearance mandatory, or may deny the commutation. 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.03.Death Sentence. a. Exceptions to the commutation petition page limit may be made by the Executive Director in cases of offenders under sentence of death.b. At any time, the Commission may review a file, information, or interview an offender without activating the commutation process.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.d. The Commission may elect to receive and consider a petition for a death penalty modification at any time.Idaho Admin. Code r. 50.01.01.450