Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Absconder
. An offender who
			 has fled supervision, whose whereabouts are unknown, and for whom a warrant for
			 a violation of supervision has been issued or requested. (3-23-22)
02.
Commission Warrant
. Warrant
			 of arrest for alleged parole violation issued by the Executive Director or a
			 Commissioner. (3-23-22)
03.
Commissioner
. A member of the Commission who is appointed by the
			 Governor to carry out decision-making functions regarding parole, pardons,
			 commutations, remission of fines, and firearm rights restoration.
			 (3-23-22)
04.
Commutation
. Clemency powers pursuant to Article IV, Section
			 7 of the Idaho Constitution and
			 Sections 20-1016 and
			 20-1012, Idaho Code, granted to
			 the Commission or to the Commission with the approval of the Governor, as
			 required by law, which allow for a sentence to be modified, including a final
			 discharge from the remaining period of parole. (3-23-22)
05.
Concurrent Sentence
.
			 Sentence served at the same time as another. (3-23-22)
06.
Consecutive Sentence
.
			 Sentence served upon completion of another sentence or before beginning another
			 sentence. (3-23-22)
07.
Detainer
. A document authorizing the detention of an offender in custody
			 for a parole violation. Offender may be housed in a county jail or a
			 correctional institution in state or out of state. (3-23-22)
08.
Determinate Sentence
. Fixed
			 portion of the sentence when an offender is not eligible for release on parole.
			 (3-23-22)
09.
Dispositional
			 Hearing
. A hearing held before the Commissioners to render a decision
			 whether to reinstate, modify, or revoke parole. (3-23-22)
10.
Executive Session
. Any
			 meeting or part of a meeting of the Commission that is closed to the public for
			 deliberation on certain matters, as set forth in Section
			 20-1003, Idaho Code.
			 (3-23-22)
11.
File or Case
			 Review
. Review of central file, Commission file, and/or additional
			 information submitted, without testimony or interview of offender or parolee.
			 (3-23-22)
12.
Full Term
			 Release Date
. The date an offender completes the term of sentence.
			 (3-23-22)
13.
Hearing
. The opportunity to be interviewed by the Commission, a
			 Commissioner, or other designated Commission staff. (3-23-22)
14.
Hearing Session/Session
. A
			 series of hearings conducted by the Commission. (3-23-22)
15.
Indeterminate Sentence
.
			 Portion of sentence following the determinate sentence, during which time an
			 offender is eligible for release on parole. (3-23-22)
16.
Offender
. A person under the
			 legal care, custody, supervision, or authority of the board of correction,
			 including a person within or outside Idaho pursuant to agreement with another
			 state or contractor. (3-23-22)
17.
Pardon
. Clemency powers pursuant to Article IV, Section
			 7 of the Idaho Constitution and
			 Section 20-1016, Idaho Code, granted to
			 the Commission or to the Commission with the approval of the Governor as
			 required by law, which allows for sparing the applicant from punishment for a
			 crime, removing any other effects, penalties, or disabilities that the
			 conviction carries or stem from that conviction, and restoring the applicant's
			 civil rights. (3-23-22)
18.
Parole
. Conditional release from a penal institution under a
			 contractual agreement between the Commission of Pardons and Parole and
			 offender. Parole is not a right, but is a matter of grace. (3-23-22)
19.
Parole Eligibility Date
. The
			 earliest date that an offender may be eligible for parole release, which
			 coincides with the date that the indeterminate portion of the offender's
			 sentence begins. In the event there are multiple sentences, the sentence having
			 the latest indeterminate begin date will be used as the offender's parole
			 eligibility date. (3-23-22)
20.
Preliminary Hearing
. A hearing conducted by an objective
			 representative of the supervising authority or an individual appointed by the
			 Executive Director to determine if there is probable cause to believe the
			 alleged violations of the parole contract occurred. (3-23-22)
21.
Risk Assessment
. Validated
			 tool developed to determine risk of recidivating based on offender criminogenic
			 needs. (3-23-22)
22.
Respite
. The temporary suspension of the execution of a sentence other
			 than death until the next session of the Commission. (3-23-22)
23.
Reprieve
. The temporary
			 suspension of the execution of a sentence of death until the next session of
			 the Commission. (3-23-22)
24.
Supervising Authority
. The agency responsible for community
			 supervision of parolees which is Idaho Department of Correction.
			 (3-23-22)