Applicable Form of Executive Clemency: Commutation of Sentence
Eligibility: All inmates 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 (address below) or obtained from an inmate's case manager, 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 or the inmate's case manager, 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
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. In sentences for murder, voluntary manslaughter, rape, kidnapping, lewd and lascivious conduct with a minor child, and manufacture or delivery of a controlled substance, petitions should also be sent to the governor's office. 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.
Office of the Governor
P.O. Box 83720
Boise, ID 83720
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 email@example.com
Last updated 06/23/14