Idaho Administrative Code Title IDAPA 50 - Pardons and Parole, Commission of
Overview of IDAPA 50 — Pardons and Parole, Commission of
Title 50 of the Idaho Administrative Code contains the rules governing the Idaho Commission of Pardons and Parole. This Commission is the authority responsible for decisions related to parole, pardons, reprieves, commutations, and restoration of rights for individuals convicted of crimes under Idaho law.
Purpose of IDAPA Title 50
To establish procedures and standards for the granting or denial of parole and pardons.
To regulate the operation and decision-making processes of the Pardons and Parole Commission.
To ensure decisions are made in the interest of public safety, justice, and rehabilitation.
To provide clear guidelines for applicants, victims, and other stakeholders involved in the process.
Key Components of IDAPA Title 50
1. Commission Structure and Authority
Defines the composition, appointment, and terms of members of the Pardons and Parole Commission.
Details the powers granted to the Commission by state law, including:
Granting parole to eligible inmates.
Issuing pardons, reprieves, and commutations.
Restoring certain civil rights to former offenders.
Establishes the Commission’s authority to set conditions of parole.
2. Parole Procedures
Describes the eligibility criteria for parole consideration.
Details the application process for inmates seeking parole.
Explains how parole hearings are conducted, including:
Notification of hearings.
Presentation of evidence and victim statements.
Participation of inmates and their representatives.
Outlines factors considered by the Commission when deciding on parole, such as:
Nature of the offense.
Inmate behavior and rehabilitation progress.
Public safety considerations.
3. Pardons, Reprieves, and Commutations
Defines the types of clemency available and their eligibility requirements.
Describes the application and review process for pardons and commutations.
Sets conditions under which reprieves may be granted.
Explains the effect of pardons, including restoration of rights.
4. Conditions of Parole and Supervision
Details standard and special conditions imposed on parolees.
Provides guidelines for parole supervision, including reporting requirements and restrictions.
Explains procedures for parole violation hearings and potential revocation.
5. Victim Rights and Notification
Establishes the rights of victims to be notified and heard during parole and pardon proceedings.
Describes how victims can submit statements or request notifications about parole decisions.
6. Recordkeeping and Confidentiality
Specifies the maintenance of records related to Commission proceedings.
Addresses confidentiality of certain documents and victim information.
7. Appeals and Judicial Review
Explains the process for judicial review of Commission decisions, where applicable.
Outlines how applicants can seek reconsideration or rehearing under certain circumstances.
Importance of IDAPA Title 50
Ensures a fair, transparent, and consistent process for parole and clemency decisions in Idaho.
Balances the goals of public safety, justice, and rehabilitation.
Provides victims with a voice in the parole process.
Maintains clear procedures to uphold legal and ethical standards in granting pardons and parole.
Summary Table
Section | Description |
---|---|
Commission Authority | Defines structure, powers, and member terms |
Parole Procedures | Eligibility, application, hearings, and decision factors |
Clemency Types | Pardons, reprieves, commutations, and restoration of rights |
Conditions & Supervision | Terms imposed on parolees and violation procedures |
Victim Rights | Notification and participation rights for crime victims |
Recordkeeping | Maintenance and confidentiality of Commission records |
Appeals | Judicial review and reconsideration processes |
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