20-1016. COMMUTATIONS AND PARDONS. (1) The commission shall have full and final authority to grant commutations and pardons after conviction and judgment in all cases of offenses against the state except treason or impeachment and as otherwise provided in this section.
(2) With respect to commutations and pardons for offenses, or conspiracies to commit any offense, for which the maximum punishment allowed by law at the time of sentencing is death or life imprisonment, the commission’s determination shall only constitute a recommendation subject to approval or disapproval by the governor. No commutation or pardon for such offenses shall be effective until presented to and approved by the governor. Any commutation or pardon recommendation not so approved within thirty (30) days of the commission’s recommendation shall be deemed denied.
(3) Notwithstanding subsection (2) of this section, the commission shall have full and final authority to grant pardons and commutations for:
(a) Any offense in violation of chapter 27, title 37, Idaho Code, for which the maximum punishment allowed by law at the time of sentencing is life imprisonment; and
(b) Any offense for which the maximum punishment allowed by law at the time of sentencing is enhanced by chapter 25, title 19, Idaho Code, to life imprisonment.
(4) The commission shall conduct commutation and pardon proceedings pursuant to rules and regulations adopted in accordance with law and may attach such conditions as it deems appropriate in granting pardons or commutations.
History:
[(20-1016) 20-240A, added 2020, ch. 62, sec. 2, p. 145; am. and redesig. 2021, ch. 196, sec. 18, p. 535.]
Structure Idaho Code
Title 20 - STATE PRISON AND COUNTY JAILS
Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE
Section 20-1001 - DEFINITIONS.
Section 20-1004 - DUTIES AND POWERS OF THE COMMISSION.
Section 20-1006 - MEDICAL PAROLE — REQUIRED REPORT.
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.