20-223. PAROLE AND RULES GOVERNING — RESTRICTIONS — PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION. (1) It is the intent of the legislature to focus prison space on those who commit the most serious offenses or who have the highest likelihood of offending in the future, and the commission, consistent with the provisions of this subsection, shall promulgate rules that establish clear guidelines and procedures that retain the commission’s discretion in individual cases.

(2) Subject to section 19-2513, Idaho Code, the commission shall have the power to establish rules in compliance with chapter 52, title 67, Idaho Code, under which any prisoner, excepting any under sentence of death, may be allowed to go upon parole but to remain while on parole in the legal custody and under the control of the board and subject to be taken back into confinement at the direction of the commission.

(3) Any prisoner who is 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; such bond may be posted by the prisoner, the prisoner’s family, or other interested party. Failure to successfully complete parole may be grounds for forfeiture of the bond. Upon successful completion of parole, the amount of the bond may be returned, less an amount for administrative costs as determined by commission rule, in compliance with chapter 52, title 67, Idaho Code. A request must be made for return of the bond within one (1) year of discharge of the offense for which the particular offender was serving parole. Funds collected through the bonding process will be placed in a separate commission receipts fund which is hereby created in the state treasury and utilized for the extradition of parole violators.

(4) No person serving a sentence for rape, incest, committing a lewd act upon a child, crime against nature, or with an intent or an assault with intent to commit any such crimes, or whose history and conduct indicate to the commission that he is a sexually dangerous person, shall be released on parole except upon the examination and evaluation of one (1) or more psychiatrists or psychologists or mental health professionals designated for this purpose by the department of correction to be selected by the commission and such evaluation shall be duly considered by the commission in making its parole determination. The commission may, in its discretion, likewise require a similar examination and evaluation for persons serving sentences for crimes other than those above enumerated. No person making such evaluation shall be held financially responsible to any person for denial of parole by the commission or for the results of the future acts of such person if he be granted parole.

(5) Before considering the parole of any prisoner, the commission shall ensure that a risk assessment has been conducted pursuant to section 20-224, Idaho Code, and shall afford the prisoner the opportunity to be interviewed by the commission, a commissioner or other designated commission staff. A designated report and risk assessment, prepared by commission staff or a designated department of correction employee, that is specifically to be used by the commission in making a parole determination shall be exempt from public disclosure; such reports contain information from the presentence investigation report, medical or psychological information, the results of a risk assessment, victim information, designated confidential witness information and criminal history information. A parole shall be ordered when, in the discretion of the commission, it is in the best interests of society, and the commission believes the prisoner is able and willing to fulfill the obligations of a law-abiding citizen. Such determination shall not be a reward of clemency and it shall not be considered to be a reduction of sentence or a pardon. The commission may also by its rules fix the times and conditions under which any application denied may be reconsidered. No action may be maintained against the commission and/or any of its members in any court in connection with any decision taken by the commission to parole a prisoner and neither the commission nor its members shall be liable in any way for its action with respect thereto.

(6) In making any parole or commutation decision with respect to a prisoner, the commission shall consider the current risk assessment, criminal history, program participation, compliance and completion, institutional misconduct and other individual characteristics related to the likelihood of offending in the future, as well as the compliance of the prisoner with any order of restitution which may have been entered according to section 19-5304, Idaho Code. The commission may make compliance with such an order of restitution a condition of parole.

(7) Except as provided in subsection (2) of this section, no provision of chapter 52, title 67, Idaho Code, shall apply to the commission.

(8) Subject to the limitations of this subsection and notwithstanding any fixed term of confinement or minimum period of confinement as provided in section 19-2513, Idaho Code, the commission may parole an inmate for medical reasons. A prisoner may be considered for medical parole only when the prisoner is permanently incapacitated or terminally ill and when the commission reasonably believes the prisoner no longer poses a threat to the safety of society. For the purposes of this section, "permanently incapacitated" shall mean a person who, by reason of an existing physical condition that is not terminal, is permanently and irreversibly physically incapacitated. For the purposes of this section "terminally ill" shall mean a person who has an incurable condition caused by illness or disease and who is irreversibly terminally ill.

(9) The commission shall prepare and send to the house of representatives and senate judiciary committees annually a report containing the names, medical condition and current status of all persons granted parole pursuant to subsection (8) of this section.

(10) The department of correction shall promulgate rules in consultation with the commission to prepare prisoners for parole. The department of correction shall create sufficient programming opportunities, such that lack of access to programming is not the primary cause in delaying parole eligibility. The department shall promulgate rules to include case plan development upon entry into prison and a current risk assessment before all parole hearings.

(11) By February 1, 2015, and by February 1 of each year thereafter, the department of correction and the commission shall submit a report to the legislature and governor that describes the most common reasons for delay or denial of release, including statistical data supporting the conclusions of the report.

History:

[20-223, added 1980, ch. 297, sec. 6, p. 770; am. 1985, ch. 122, sec. 6, p. 302; am. 1986, ch. 232, sec. 5, p. 640; am. 1989, ch. 369, sec. 1, p. 926; am. 1993, ch. 106, sec. 1, p. 271; am. 1998, ch. 327, sec. 1, p. 1055; am. 1999, ch. 326, sec. 1, p. 834; am. 2000, ch. 368, sec. 3, p. 1221; am. 2006, ch. 251, sec. 1, p. 760; am. 2013, ch. 241, sec. 1, p. 569; am. 2014, ch. 150, sec. 12, p. 424; am. 2017, ch. 182, sec. 4, p. 418.]