Legal Question in Criminal Law in Idaho

Re: on-site hearings for parole violation

The procedure that you cite in your request isn't accurate. the procedure is set forth in Idaho Code sections 20-229 and the notice, service and waiver provisions in 20-229A. They require that you have a hearing within 30 days of being served with the charges of violation of conditions of parole after you are arrested and detained. The commission then has 20 days to determine whether the allegations have been proved by a preponderance of the evidence (basically, that it is more probably true than not true), or have been determined to be of sufficient cause for revocation, then a disposition hearing is convened during a regular session of the commission to make an order to revoke parole and be returned to the penitentiary. ........ During these times, you can be held in the pen or in the county jail, at the corrections department's option. ........ Since I don't know the circumstances of the other inmates' who are waiting for hearings, I cannot address the reasons for their hearing times and transfer back to the pen are different. However, the time limits set forth herein are the maximum times for you to have your hearing and for the Board to determine what to do with you. ........... However, to answer your question, since you are already in the custody of the board of corrections when you are sentenced by the court, the Board can place you anywhere they want to during this process. Also, since your civil rights have been suspended by your incarceration in the pen, see Idaho Code section 18-310, you have no civil rights. The Board of Corrections can put you basically anywhere they want to. .......... I have tried to answer your question and give you citations to review so that you can understand what I have said here. Good Luck!