20-219. PROBATION AND PAROLE SUPERVISION AND TRAINING — LIMITED SUPERVISION — RULEMAKING. (1) The state board of correction shall be charged with the duty of:
(a) Supervising all persons convicted of a felony placed on probation to the board;
(b) Supervising all persons released from the state penitentiary on parole;
(c) Supervising all persons convicted of a felony released on parole or probation from other states and residing in the state of Idaho;
(d) Program delivery, as "program" is defined in section 20-216, Idaho Code, to all persons under its probation or parole supervision based on individual criminal risk factors and specific needs;
(e) Making such investigations as may be necessary;
(f) Reporting alleged violations of parole in specific cases to the commission to aid in determining whether the parole should be continued or revoked;
(g) Reporting alleged violations of the terms or conditions of probation in specific cases to the court and the prosecuting attorney to aid in determining whether the probation should be continued or revoked;
(h) Preparing a case history record of the prisoners to assist the commission or the courts in determining if they should be paroled or should be released on probation; and
(i) Supervising juveniles convicted as adults with a blended sentence pursuant to and in the manner described in section 19-2601A, Idaho Code.
(2) Any person placed on probation or parole and who has been designated as a violent sexual predator pursuant to chapter 83, title 18, Idaho Code, shall be monitored with electronic monitoring technology for the duration of the person’s probation or parole period. Any person who, without authority, intentionally alters, tampers with, damages, or destroys any electronic monitoring equipment shall be guilty of a felony.
(3) The state board of correction shall have the discretion to determine the level of supervision of all persons under its supervision, except those who are being supervised by a problem solving court. "Level of supervision" includes the determination of the following:
(a) The frequency, location, methods and nature of contact with the supervising officer;
(b) Testing requirements and frequency;
(c) Contact restrictions;
(d) Curfew restrictions; and
(e) Reporting requirements.
(4) Subject to the availability of moneys, caseloads for supervising officers who are supervising offenders determined by the department of correction’s validated risk assessment to be high or moderate risk of rearrest should not exceed an average of fifty (50) offenders per supervising officer.
(5) In carrying out its duty to supervise felony probationers and parolees, the state board of correction shall use evidence-based practices, shall target the offender’s criminal risk and need factors with appropriate supervision and intervention and shall focus resources on those identified by the board as moderate-risk and high-risk offenders. The supervision shall include:
(a) Use of validated risk and needs assessments of the offender that measure criminal risk factors, specific individual needs and driving variable supervision levels;
(b) Use of assessment results to guide supervision responses consistent with evidence-based practices as to the level of supervision and the practices used to reduce recidivism;
(c) Collateral and personal contacts with the offender and community that may be unscheduled and which shall occur as often as needed based on the offender’s supervision level and risk of reoffense and based on the need to stay informed of the offender’s conduct, compliance with conditions and progress in community-based intervention;
(d) Case planning for each offender assessed as moderate to high risk to reoffend; and
(e) Use of practical and suitable methods that are consistent with evidence-based practices to aid and encourage the offender to improve his or her conduct and circumstances so as to reduce the offender’s risk of recidivism.
(6) The state board of correction shall provide all supervising officers with initial and ongoing training and professional development services to support the implementation of evidence-based supervision practices. All supervising officers employed as of the effective date of this section shall complete the training requirements set forth in this subsection on or before July 1, 2016. All supervising officers hired after the effective date of this section shall complete the training requirements set forth in this subsection within two (2) years of their hire date. The training and professional development services shall include:
(a) Assessment techniques;
(b) Case planning;
(c) Risk reduction and intervention strategies;
(d) Effective communication skills;
(e) Behavioral health needs;
(f) Application of core correctional practices, including motivational interviewing, cognitive restructuring, structured skill building, problem solving, reinforcement and use of authority;
(g) Training for supervising officers to become trainers so as to ensure long-term and self-sufficient training capacity in the state; and
(h) Other topics identified by the board as evidence-based practices.
(7) The state board of correction shall promulgate rules in consultation with the Idaho supreme court to:
(a) Establish a program of limited supervision for offenders who qualify addressing eligibility, risk and needs assessments, transfers among levels of supervision and reporting to the court and the prosecuting attorney.
(b) Establish a matrix of swift, certain and graduated sanctions and rewards to be imposed by the board, without the necessity of a hearing, in response to corresponding violations of or compliance with the terms or conditions imposed. Sanctions for violations shall include, but are not limited to, community service, increased reporting, curfew, submission to substance use assessment, monitoring or treatment, submission to cognitive behavioral treatment, submission to an educational or vocational skills development program, submission to a period of confinement in a local correctional facility for no more than three (3) consecutive days and house arrest. Rewards for compliance shall include, but are not limited to, decreased reporting and transfer to limited supervision.
History:
[20-219, added 1947, ch. 53, sec. 19, p. 59; am. 1980, ch. 297, sec. 4, p. 770; am. 1993, ch. 101, sec. 2, p. 256; am. 2008, ch. 65, sec. 1, p. 168; am. 2014, ch. 150, sec. 9, p. 422; am. 2015, ch. 113, sec. 5, p. 286; am. 2017, ch. 182, sec. 3, p. 416.]