2005 Idaho Code - 20-223 — PAROLE AND RULES GOVERNING -- RESTRICTIONS -- PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION

                                  TITLE  20
                        STATE PRISON AND COUNTY JAILS
                                  CHAPTER 2
                          STATE BOARD OF CORRECTIONS
    20-223.  PAROLE AND RULES GOVERNING -- RESTRICTIONS -- PSYCHIATRIC OR
PSYCHOLOGICAL EXAMINATION. (a) Subject to section 19-2513, Idaho Code, the
commission shall have the power to establish rules, policies or procedures in
compliance with chapter 52, title 67, Idaho Code, under which any prisoner,
excepting any under sentence of death, may be allowed to go upon parole but to
remain while on parole in the legal custody and under the control of the board
and subject to be taken back into confinement at the direction of the
commission. Any prisoner who is granted parole under the interstate compact
may be required to post a bond prior to release or prior to such acceptance
under the interstate compact; such bond may be posted by the prisoner, the
prisoner's family, or other interested party. Failure to successfully complete
parole may be grounds for forfeiture of the bond. Upon successful completion
of parole, the amount of the bond will be returned, less an amount for
administrative costs as determined by commission rule, in compliance with
chapter 52, title 67, Idaho Code. Funds collected through the bonding process
will be placed in a separate commission receipts fund which is hereby created
in the state treasury, and utilized for the extradition of said parole
violators.
    (b)  No person serving a sentence for rape, incest, committing a lewd act
upon a child, crime against nature, or with an intent or an assault with
intent to commit any of the said crimes or whose history and conduct indicate
to the commission that he is a sexually dangerous person, shall be released on
parole except upon the examination and evaluation of one (1) or more
psychiatrists or psychologists or mental health professionals designated for
this purpose by the department of correction to be selected by the commission
and such evaluation shall be duly considered by the commission in making its
parole determination. The commission may, in its discretion, likewise require
a similar examination and evaluation for persons serving sentences for crimes
other than those above enumerated. No person making such evaluation shall be
held financially responsible to any person for denial of parole by the
commission or for the results of the future acts of such person if he be
granted parole.
    (c)  Before considering the parole of any prisoner, the commission shall
afford the prisoner the opportunity to be interviewed by the commission, a
commissioner or other designated commission staff. A designated report
prepared by commission staff or a designated department of correction employee
which is specifically to be used by the commission in making a parole
determination shall be exempt from public disclosure; such reports contain
information from the presentence investigation report, medical or
psychological information, victim information, designated confidential witness
information and criminal history  information. A parole shall be ordered when,
in the discretion of the commission, it is in the best interests of society,
and the commission believes the prisoner is able and willing to fulfill the
obligations of a law-abiding citizen. Such determination shall not be a reward
of clemency and it shall not be considered to be a reduction of sentence or a
pardon. The commission may also by its rules, policies or procedures fix the
times and conditions under which any application denied may be reconsidered.
No action may be maintained against the commission and/or any of its members
in any court in connection with any decision taken by the commission to parole
a prisoner and neither the commission nor its members shall be liable in any
way for its action with respect thereto.
    (d)  In making any parole or commutation decision with respect to a
prisoner, the commission shall consider the compliance of the prisoner with
any order of restitution which may have been entered according to section
19-5304, Idaho Code. The commission may make compliance with such an order of
restitution a condition of parole.
    (e)  Except as provided in subsection (a) of this section, no provision of
chapter 52, title 67, Idaho Code, shall apply to the commission.
    (f)  Subject to the limitations of this subsection and notwithstanding any
fixed term of confinement or minimum period of confinement as provided in
section 19-2513, Idaho Code, the commission may parole an inmate for medical
reasons. A prisoner may be considered for medical parole only when the
prisoner is permanently incapacitated or terminally ill and when the
commission reasonably believes the prisoner no longer poses a threat to the
safety of society. For the purposes of this section "permanently
incapacitated" shall mean a person who, by reason of an existing physical
condition which is not terminal, is permanently and irreversibly physically
incapacitated. For the purposes of this section "terminally ill" shall mean a
person who has an incurable condition caused by illness or disease and who is
irreversibly terminally ill.
    (g)  The commission shall prepare and send to the house and senate
judiciary committees annually a report containing the names, medical condition
and current status of all persons granted parole pursuant to subsection (f) of
this section.