Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.02.01 - RULES GOVERNING THE SUPERVISION OF OFFENDERS ON PROBATION OR PAROLE › Section 06.02.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
01.
Section
			 19-2601(5), Idaho
			 Code
. Pursuant to Section
			 19-2601(5), Idaho
			 Code, if the court places a defendant on probation to the Board of Correction
			 the court includes in the terms and conditions of probation a requirement that
			 the defendant enter into and comply with an agreement of supervision with the
			 Board. (7-1-21)
02.
Section
			 20-212, Idaho Code
.
			 Pursuant to Section
			 20-212, Idaho Code, the Board has
			 authority to make all rules necessary to carry out the provisions of Title 20,
			 Chapter 2, Idaho Code, not inconsistent with express statutes or the state
			 constitution. (7-1-21)
03.
Section
			 20-217A, Idaho Code
.
			 Pursuant to Section
			 20-217A, Idaho Code, the director
			 has authority to assume all the authority, powers, functions and duties as may
			 be delegated to him by the Board. (7-1-21)
04.
Section
			 20-219(3), Idaho
			 Code
. Pursuant to Section
			 20-219(3), Idaho
			 Code, the Board shall have the discretion to determine the level of supervision
			 of all persons under its supervision, except those who are being supervised by
			 problem solving courts. (7-1-21)
05.
Section
			 20-219(5), Idaho
			 Code
. Pursuant to Section
			 20-219(5), Idaho
			 Code, in carrying out its duty to supervise felony probationers and parolees,
			 the Board shall use evidence-based practices, target the offender's criminal
			 risk and need factors with appropriate supervision and intervention and focus
			 resources on those identified by the board as moderate and high-risk offenders.
			 Supervision shall include the use of validated risk and needs assessments
			 measuring criminal risk factors, specific individual needs and driving variable
			 supervision levels. (7-1-21)
06.
Section
			 20-219(7)(a),
			 Idaho Code
. Pursuant to Section
			 20-219(7)(a),
			 Idaho Code, the Board has authority to promulgate rules in consultation with
			 the Supreme Court to establish a program of limited supervision for offenders
			 who qualify addressing eligibility, risk and needs assessments, transfers among
			 levels of supervision, and reporting to the court and the prosecuting attorney.
			 (7-1-21)
07.
Section
			 20-219(7)(b),
			 Idaho Code
. Pursuant to Section
			 20-219(7)(b),
			 Idaho Code, the Board has authority to promulgate rules in consultation with
			 the Supreme Court to establish a matrix of swift, certain and graduated
			 sanctions and rewards to be imposed by the Board in response to corresponding
			 violations of or compliance with the terms or conditions imposed. Sanctions for
			 violations include, but are not limited to, community service, increased
			 reporting, curfew, submission to substance use assessment, monitoring or
			 treatment, submission to cognitive behavioral treatment, submission to an
			 educational or vocational skills development program, submission to a period of
			 confinement in a local correctional facility for not more than three (3)
			 consecutive days and house arrest. Rewards for compliance include but are not
			 limited to, decreased reporting and transfer to limited supervision.
			 (7-1-21)
08.
Section
			 20-233(2), Idaho
			 Code
. Pursuant to Section
			 20-233(2), Idaho
			 Code, the Board may submit a request to the Commission for a final order of
			 discharge from the remaining period of parole for any parolee under the Board's
			 supervision at any time during the period of parole. (7-1-21)