Idaho Code § 20-1010

Current through Chapter 330 of the 2024 Regular Legislative Session
Section 20-1010 - COMMISSION RULINGS AT A PAROLE REVOCATION HEARING
(1) After a factual parole revocation hearing has been concluded, the commissioner or commissioners or the designated hearing officer, having heard the matter, shall render a decision within twenty (20) days. If the alleged parole violator waives the parole hearing pursuant to the provisions of section 20-1009(3), Idaho Code, then a decision shall be entered upon acceptance of the waiver.
(2) If the commissioner or commissioners or hearing officer, having heard the matter, should conclude that the allegations of violation of the conditions of parole have not been proven by a preponderance of the evidence, or those that have been proven by a preponderance of the evidence are not sufficient cause for the revocation of parole, then the parolee shall be reinstated on parole on the same or modified conditions of parole.
(3) If the commissioner or commissioners or hearing officer, having heard the matter, should conclude that the allegations of violation of the conditions of parole have been proven by a preponderance of the evidence and constitute sufficient cause for the revocation of parole, then a dispositional hearing shall be convened during a regular session of the commission to impose any sanctions up to and including executing an order of parole revocation and determine the period of time the parole violator shall be returned to state custody.

Idaho Code § 20-1010

[(20-1010) 20-229B, added 1970, ch. 105, sec. 5, p. 263; am. 1994, ch. 171, sec. 6, p. 386; am. 2014, ch. 150, sec. 17, p. 429; am. 2015, ch. 295, sec. 1, p. 1173; am. 2016, ch. 267, sec. 1, p. 719; am. 2017, ch. 182, sec. 5, p. 420; am. and redesig. 2021, ch. 196, sec. 12, p. 533.]
Renumbered from Section 20-229B and amended by 2021 Session Laws, ch. 196,sec. 12, eff. 7/1/2021.
Amended by 2017 Session Laws, ch. 182,sec. 5, eff. 7/1/2017.
Amended by 2016 Session Laws, ch. 267,sec. 1, eff. 7/1/2016.
Amended by 2015 Session Laws, ch. 295,sec. 1, eff. 7/1/2015.
Amended by 2014 Session Laws, ch. 150,sec. 17, eff. 10/1/2015.
See 2015 Session Laws, ch. 184, sec. 1.