§ 20-1016 — COMMUTATIONS AND PARDONS

(1) The commission shall have full and final authority to grant commutations and pardons after conviction and judgment in all cases of offenses against the state except treason or impeachment and as otherwise provided in this section.
(2) The commission shall have authority to grant commutations and pardons after conviction and judgment for offenses, or conspiracies to commit any offense, for which the maximum punishment allowed by law at the time of sentencing is death or life imprisonment only after first presenting a recommendation to the governor. If the governor approves the commission’s recommendation within thirty (30) days of presentment, the commission’s pardon or commutation shall issue. If the governor rejects the commission’s recommendation within thirty (30) days of presentment or takes no action on the recommendation before the passage of thirty (30) days from presentment, no pardon or commutation shall issue from the commission, and the commission’s recommendation shall be of no force or effect.
(3) Notwithstanding subsection (2) of this section, the commission shall have full and final authority to grant pardons and commutations for:
(a) Any offense, or conspiracies to commit any offense, in violation of chapter 27, title 37, Idaho Code, for which the maximum punishment allowed by law at the time of sentencing is life imprisonment; and
(b) Any offense, or conspiracies to commit any offense, for which the maximum punishment allowed by law at the time of sentencing is enhanced by chapter 25, title 19, Idaho Code, to life imprisonment.
(4) 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.

Legislative History

[(20-1016) 20-240A, added 2020, ch. 62, sec. 2, p. 145; am. and redesig. 2021, ch. 196, sec. 18, p. 535; am. 2023, ch. 18, sec. 1, p. 129.]