Committee approves rule change adding felony domestic violence and attempted strangulation to 15-year pardon waiting period; Commission leaders present

The Idaho Senate Judiciary and Rules Committee approved a rule docket to update the Commission of Pardons and Parole’s application timeline, adding felony domestic violence and attempted strangulation to the list of crimes for which a person must wait at least 15 years before applying for a pardon, the committee record shows.

The change implements statutory language from House Bill 600 (2024) and was presented by Executive Director Christine Starr. Starr told the committee the rule amendment clarifies the Commission’s interpretation after the Idaho Supreme Court’s 2020 Winkler decision, which affects how pardons are treated for penalty enhancements. Starr explained the rule file is intended to update section 550.01(c) to match the statute and to specify that convictions under the cited domestic violence statute and attempted strangulation require the longer wait before applying for a pardon.

"I am humbled and honored by Governor Little's appointment and your consideration today," Executive Director Christine Starr said at the start of her remarks, describing her background in prosecution, defense, and as a deputy director at the Idaho Department of Correction. She told the committee her cross‑system experience helps her weigh victims’ safety, public safety and rehabilitation when the commission considers cases.

Starr said the commission reviews a heavy caseload and faces operational constraints: commissioners heard more than 6,000 cases last year, calendars can include as many as 23 cases a day, and commissioners are only compensated for time spent in hearings, not for reading and preparation. "So much of the work that we do at the commission is done in executive session," she said, and added there is opportunity to increase transparency and public information about decisionmaking. Starr also told senators she expects more than half of the commission will leave, describing turnover that will affect workload.

Mary Martin, a former FBI agent and nominee for commissioner, described her background in fraud and crimes against children and said public safety remains foremost in her approach. "I'm very passionate about victims," Martin said, adding that commissioners balance criminal history, patterns of reoffending and signs of rehabilitation when deciding whether to recommend parole.

Senator Foreman moved to accept docket 5001012401 (rules of the Commission of Pardons and Parole) and Senator Lakey seconded. The motion carried by voice vote and the committee approved the docket as presented. No public comments were recorded on the rule docket during the meeting.

Starr told the committee the rule change is limited to the two offenses added (felony domestic violence — identified in the rule as section 18 9 18 in the committee presentation — and attempted strangulation) and that the change sets a 15‑year waiting period before a pardon application is accepted for those offenses. The committee chair noted that gubernatorial appointments to the commission typically receive a final confirmation vote at a later meeting; the record shows Starr and Martin appeared for consideration but that the committee will take their confirmation votes at a subsequent session.

What the committee approved - Docket 5001012401: Rules of the Commission of Pardons and Parole. Motion: accept docket as presented. Mover: Senator Foreman. Second: Senator Lakey. Outcome: approved by voice vote. - The rule amendment aligns commission rule 550.01(c) with House Bill 600 (2024) and the Idaho Supreme Court’s Winkler decision; it adds felony domestic violence and attempted strangulation to the crimes requiring a 15‑year waiting period before applying for a pardon.

Committee discussion and follow-up Committee members asked about workload and compensation for commissioners; one senator suggested exploring legislation to compensate commissioners for reading and preparation to address retention and the heavy caseload. Director Starr said she would pursue greater transparency and communications materials on the commission website to help the public understand processes and decisions.