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Committee approves rule aligning pardon timeframe with 15-year penalty window for repeat domestic-violence felonies

2224424 · January 27, 2025
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Summary

The Idaho House Judiciary, Rules and Administration Committee approved a pending rule to add felony domestic violence and attempted strangulation to the list of offenses that require at least 15 years before a person may apply for a pardon, updating IDAPA rules to match House Bill 600 (2024) and a 2020 Idaho Supreme Court decision.

BOISE, Jan. 31, 2025 — The Idaho House Judiciary, Rules and Administration Committee on Friday approved a pending administrative rule to align the Commission of Pardons and Parole’s pardon-eligibility timeframe with statutory changes enacted by the 2024 Legislature.

Christine Starr, executive director of the Idaho Commission of Pardons and Parole, told the committee she was presenting docket 5000101.2401, an IDAPA rule review that revises section 5500.01.c to add felony domestic violence and attempted strangulation to the list of offenses that require at least 15 years before a person may apply for a pardon. "The amended rule clarifies the timeframe for which a person may apply for a pardon for those crimes," Starr said.

The revision is intended to make the commission’s rules consistent with House Bill 600, passed in 2024, which created enhanced penalties for a second conviction of felony domestic violence, including attempted strangulation, when within 15 years of a previous conviction. Starr said the change is also important in light of the Winkler decision by the Idaho Supreme Court in 2020, which affected how pardoned cases may be used in penalty enhancements.

During brief committee discussion, Representative Vihar asked whether approving the pending rule would trigger other, related changes. Starr answered that the rulemaking "will only change those small sections within the IDAPA rules and no other changes will occur as a result." Representative Pohanka moved to approve the pending rule; the committee recorded an affirmative voice vote and the motion carried.

Earlier in the hearing Representative Hostetler moved to approve the committee minutes from Thursday, Jan. 23, 2025; that motion also passed by voice vote.

Starr told members the proposed edits begin on page 16 of the committee’s pending rule review book. She described the change as minimal and procedural: adding felony domestic violence and attempted strangulation to the existing subsection that imposes a 15-year waiting period for pardon applications for specified offenses.

No further public testimony or amendments were recorded in the committee hearing minutes. The committee concluded its business shortly after the vote.