Idaho Code
Idaho Code

Idaho Code § 20-1016 (2026)

commutations and pardons. 

✓ current as of May 2026
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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.
Notes of Decisions
Cited in 7 cases (7 in the last 5 years), 2022–2026 · leading case: State v. Pizzuto, 518 P.3d 796 (Idaho 2022).
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State v. Pizzuto, 518 P.3d 796 (Idaho 2022). · cites it 82× “” I.C. § 20-1016. This is an issue of first impression for this Court.”
Creech v. United States Dist. Court for the Dist. of Idaho, Boise, 119 F.4th 1114 (9th Cir. 2024). “” Idaho Code § 20-1016 (2). If the Governor approves the recommendation within thirty days, “the commission’s pardon or commutation shall issue.”
Pizzuto v. Richardson (D. Idaho 2024). · cites it 16× “Pursuant to the authority granted by the 1986 amendment, the Idaho Legislature enacted Idaho Code § 20-1016 . That statute provides as follows: (1) The commission shall have full and final authority to grant commutations and pardons after conviction and judgment in all cases of…”
Pizzuto v. Richardson (D. Idaho 2023). · cites it 5× “Pursuant to Idaho Code § 20-1016 , the Commission presented its recommendation to Governor Little.”
Creech v. Idaho Comm'n of Pardons & Parole (D. Idaho 2024). · cites it 2× “Idaho Code § 20-1016 (2). victims that Mr.”
Davis (D. Idaho 2026). · cites it 2× “Finally, Plaintiff’s claims based on Idaho Code § 20-1016 and Regulation 50.01.”
Pizzuto v. Valley (9th Cir. 2026). “; see Idaho Code § 20-1016 (2). Pizzuto challenged § 20‑1016 on the ground that “Article IV, section 7 of the Idaho Constitution places the commutation power exclusively in the hands of the Commission,” and “the Governor [i]s not permitted by the Constitution to usurp it.”
Idaho Code § 20-1016(1): 1 case
State v. Pizzuto, 518 P.3d 796 (Idaho 2022). “” I.C. § 20-1016. This is an issue of first impression for this Court.”
Idaho Code § 20-1016(2): 1 case
State v. Pizzuto, 518 P.3d 796 (Idaho 2022). “” I.C. § 20-1016. This is an issue of first impression for this Court.”
Idaho Code § 20-1016(3): 1 case
State v. Pizzuto, 518 P.3d 796 (Idaho 2022). “” I.C. § 20-1016. This is an issue of first impression for this Court.”
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