2005 Idaho Code - 20-240 — RESPITES, REPRIEVES, COMMUTATIONS AND PARDONS -- TREASON OR IMPEACHMENT

                                  TITLE  20
                        STATE PRISON AND COUNTY JAILS
                                  CHAPTER 2
                          STATE BOARD OF CORRECTIONS
    20-240.  RESPITES, REPRIEVES, COMMUTATIONS AND PARDONS -- TREASON OR
IMPEACHMENT. The governor shall have power to grant respites or reprieves in
all cases of convictions for offenses against the state, except treason or
imprisonment on impeachment, but such respites or reprieves shall not extend
beyond the next session of the commission; and such commission shall at such
session continue or determine such respite or reprieve, or may commute or
pardon the offense as herein provided. In cases of conviction of treason, the
governor shall have the power to suspend the execution of the sentence until
the case shall be reported to the legislature at its next regular session,
when the legislature shall either pardon or commute the sentence, direct its
execution or grant a further reprieve. The commission shall have full and
final authority to grant commutations and pardons except with respect to
sentences for murder, voluntary manslaughter, rape, kidnapping, lewd and
lascivious conduct with a minor child, and manufacture or delivery of
controlled substances.  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. With respect to commutations and pardons for the offenses named
above, the commission's determination shall only constitute a recommendation
subject to approval or disapproval by the governor.  No commutation or pardon
for such named 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.