Idaho Code
Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE
Section 20-1010 - COMMISSION RULINGS AT A PAROLE REVOCATION HEARING.

20-1010. COMMISSION RULINGS AT A PAROLE REVOCATION HEARING. (1) After a factual parole revocation hearing has been concluded, the commissioner or commissioners or the designated hearing officer, having heard the matter, shall render a decision within twenty (20) days. If the alleged parole violator waives the parole hearing pursuant to the provisions of section 20-1009(3), Idaho Code, then a decision shall be entered upon acceptance of the waiver.
(2) If the commissioner or commissioners or hearing officer, having heard the matter, should conclude that the allegations of violation of the conditions of parole have not been proven by a preponderance of the evidence, or those that have been proven by a preponderance of the evidence are not sufficient cause for the revocation of parole, then the parolee shall be reinstated on parole on the same or modified conditions of parole.
(3) If the commissioner or commissioners or hearing officer, having heard the matter, should conclude that the allegations of violation of the conditions of parole have been proven by a preponderance of the evidence and constitute sufficient cause for the revocation of parole, then a dispositional hearing shall be convened during a regular session of the commission to impose any sanctions up to and including executing an order of parole revocation and determine the period of time the parole violator shall be returned to state custody.

History:
[(20-1010) 20-229B, added 1970, ch. 105, sec. 5, p. 263; am. 1994, ch. 171, sec. 6, p. 386; am. 2014, ch. 150, sec. 17, p. 429; am. 2015, ch. 295, sec. 1, p. 1173; am. 2016, ch. 267, sec. 1, p. 719; am. 2017, ch. 182, sec. 5, p. 420; am. and redesig. 2021, ch. 196, sec. 12, p. 533.]

Structure Idaho Code

Idaho Code

Title 20 - STATE PRISON AND COUNTY JAILS

Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE

Section 20-1001 - DEFINITIONS.

Section 20-1002 - COMMISSION CREATED — APPOINTMENT — QUALIFICATIONS — TERMS — MEETINGS — COMPENSATION — EXECUTIVE DIRECTOR AND STAFF.

Section 20-1003 - COMPLIANCE WITH OPEN MEETINGS LAW — EXECUTIVE SESSIONS AUTHORIZED — REPORT REQUIRED.

Section 20-1004 - DUTIES AND POWERS OF THE COMMISSION.

Section 20-1005 - RULES GOVERNING PAROLE — LEGISLATIVE INTENT — RESTRICTIONS — REQUIRED PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION — REQUIRED REPORT.

Section 20-1006 - MEDICAL PAROLE — REQUIRED REPORT.

Section 20-1007 - CONDITIONS OF PAROLE TO BE SPECIFIED IN WRITING — WARRANT FOR ARREST OF SUSPECTED VIOLATORS — EFFECT OF SUSPENSION AND ARREST.

Section 20-1008 - PAROLE REVOCATION HEARING.

Section 20-1009 - NOTICE AND SERVICE TO AN ALLEGED PAROLE VIOLATOR — WAIVER OF HEARING.

Section 20-1010 - COMMISSION RULINGS AT A PAROLE REVOCATION HEARING.

Section 20-1011 - IMMUNITY FROM PAROLE OR RELEASE OF A PRISONER.

Section 20-1012 - FINAL DISCHARGE OF PAROLEE — MINIMUM TERM.

Section 20-1013 - PAROLE INFORMATION TO BE TRANSMITTED TO THE SHERIFF AND COUNTY PROSECUTOR.

Section 20-1014 - TRANSFER OF CONVICTED FOREIGN CITIZENS OR NATIONALS UNDER TREATY.

Section 20-1015 - RESPITES AND REPRIEVES.

Section 20-1016 - COMMUTATIONS AND PARDONS.

Section 20-1017 - REQUIRED PUBLICATIONS AND LIMITATION ON APPLICATIONS FOR COMMUTATIONS AND PARDONS.

Section 20-1018 - NOTICE OF GRANTED PARDON, COMMUTATION, OR REMISSION OF FINES AND FORFEITURES.