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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
