20-210. COMMISSION OF PARDONS AND PAROLE — APPOINTMENT — QUALIFICATIONS — TERMS — SALARY — STAFF. The governor shall appoint a state commission of pardons and parole, each member of which shall be subject to the advice and consent of the senate, in this chapter referred to as the commission, which shall succeed to and have all rights, powers and authority of said board of pardons as are granted and provided by the provisions of the constitution of the state of Idaho.

The commission shall be composed of seven (7) members. The members shall serve at the pleasure of the governor and not more than four (4) members shall be from any one (1) political party.

The members of the commission shall be appointed for the purposes of organization as follows: Members on the commission on the effective date of this act, shall serve out the remainder of their terms; thereafter, as members’ terms expire, the governor shall reappoint them or appoint new members to serve terms of three (3) years; vacancies in the commission for unexpired terms shall be by appointment by the governor for the remainder of the term and all appointees may be reappointed.

The commission and the board may meet as necessary to exchange such information to enable each to effectively carry out their respective duties.

The commission shall meet at such times and places as determined to be necessary and convenient, or at the call of the executive director and in any event no less than quarterly.

Two (2) members of the commission may meet to make decisions on the disposition of parole violations. Such decisions must be unanimous, and in the event they are not unanimous then the parole violation disposition decision will be made by a majority of the full commission either at the next quarterly meeting or special meeting.

Three (3) members of the commission may meet to make decisions to grant or deny parole. Such decisions must be unanimous, and in the event they are not unanimous then the decision to grant or deny parole will be made by a majority of the full commission at the next quarterly meeting.

The members shall be compensated as provided by section 59-509(i), Idaho Code, when attending quarterly meetings conducted at a date and time separate from a hearing session or other meetings approved by the executive director. The members shall receive compensation of three hundred dollars ($300) per member per day when conducting parole, commutation, pardon, revocation or other hearings, and shall be reimbursed for actual and necessary expenses subject to the limitations provided in section 67-2008, Idaho Code.

The governor will liberally allow the reasonable payment for services of such technical and professional advice and consultation as the commission may require. The governor shall appoint the executive director for the commission. The executive director shall be the full-time employee who shall report to, serve at the pleasure of, and be compensated as determined by the governor. The executive director shall be the official representative for the commission, shall be responsible for the managing and administration of daily commission business and shall schedule hearing sessions at times convenient to the members of the commission. For each scheduled session, the executive director shall designate one (1) of the members of the commission as the presiding officer for conducting the hearings. The executive director may hire such staff and employees as are approved by the governor. The executive director shall also have such other duties and responsibilities as the governor shall assign.

History:

[20-210, added 1947, ch. 53, sec. 10, p. 59; am. 1969, ch. 97, sec. 5, p. 329; am. 1974, ch. 6, sec. 2, p. 28; am. 1980, ch. 247, sec. 6, p. 586; am. 1991, ch. 166, sec. 1, p. 406; am. 1994, ch. 171, sec. 1, p. 383; am. 1998, ch. 355, sec. 1, p. 1113; am. 1999, ch. 311, sec. 1, p. 772; am. 2007, ch. 102, sec. 1, p. 306; am. 2017, ch. 182, sec. 1, p. 415.]