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Idaho
Applicable Form of Executive Clemency: Commutation of Sentence
Eligibility: All inmates who have been committed to the Department
of Corrections for at least 12 months are eligible. The Idaho Commission
of Pardons and Parole will only consider one Petition for Commutation from
any person in any 12-month period. Petitions may be considered at any time
by the commission, but are usually scheduled for consideration during January,
April, July, and October, without the petitioner being present. A petition
must be received at the Commission office on or before the first day of
a quarterly session.
Application Process: A Petition for Commutation must be submitted
to initiate the process. This form must be requested from the commission,
and it must be signed by the petitioner. The petition must be completed
correctly according to instructions on the form. Petitions are limited to
four pages and will be returned if too long.
The petition must contain the reason a modification of sentence is requested,
and what modifications are requested, such as:
· Change a consecutive sentence to concurrent
· Reduce the maximum length of a sentence
· Reduce the minimum length of a sentence
· Change a fixed sentence to indeterminate
· Change a sentence in any other manner not described
Although the Petition for Commutation must be requested from the commission,
the document can be previewed by clicking
here. Petitions should be requested from:
Idaho Commission of Pardons and Parole
P.O. Box 83720
Boise, ID 83720-1807
Tel: (208) 334-2520
The Idaho application for a pardon is available here.
Review and consideration of the petition by the Commission will be conducted
in executive session. Any review may be continued in order to obtain additional
information or for further consideration. At the conclusion, the petitioner
will be sent written notice of the decision.
The scheduling of a hearing is at the discretion of the Commission. Notice
of a commutation hearing will be published in a newspaper of general circulation
at Boise, Idaho at least once a week for four consecutive weeks immediately
prior to the hearing. The county prosecutor will be notified in the county
from which the petitioner was committed.
The decision and supporting documents regarding a commutation are filed
with the Secretary of State. All written material considered in the decision
process of a commutation will be a matter of public record, excluding victim
information and the pre-sentence investigation report. Dissenting votes
of the commissioners voting will be a matter of public record.
Granting a commutation hearing does not mean the Commission is likely to
commute a sentence. Rehabilitative progress alone is not sufficient to grant
a commutation.
The Commission has final authority to grant commutations for many offenses
except for sentences for murder, voluntary manslaughter, rape, kidnapping,
lewd and lascivious conduct with a minor child, and manufacture or delivery
of a controlled substance. In such cases, the Commission's decision will
constitute a recommendation to the Governor. The Commission will provide
all information that was considered and a copy of the summary minutes to
the Governor. No commutation of these offenses will be effective until approved
by the Governor. Any commutation recommendation not approved by the Governor
within 30 days of the commutation hearing is deemed denied.
Every effort has been made to make this information accurate and up-to-date.
Errors are inevitable and changes occur frequently. We would appreciate
learning of any errors or inaccuracies regarding any information on this
Webpage as soon as possible. Please write to info@cjpf.org
Last updated 01.17.07