Idaho Code

Idaho Code § 20-223 (2026)

Parole — legislative intent — required report.

✓ current as of May 2026

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Parole — legislative intent — required report.

(1) It is the intent of the legislature to focus prison space on those who commit the most serious offenses or who have the highest likelihood of offending in the future.

(2) The department of correction and board shall assist the commission where required by law and, consistent with subsection (1) of this section, in carrying out the provisions of chapter 10, title 20, Idaho Code.

(3) The department of correction shall promulgate rules in consultation with the commission to prepare prisoners for parole. The department of correction shall create sufficient programming opportunities, such that lack of access to programming is not the primary cause in delaying parole eligibility. The department shall promulgate rules to include case plan development upon entry into prison and a current risk assessment before all parole hearings.

(4) By February 1 of each year, the department of correction and the commission shall submit a report to the governor, the senate judiciary and rules committee, and the house of representatives judiciary, rules, and administration committee that describes the most common reasons for delay or denial of release, including statistical data supporting the conclusions of the report.

Notes of Decisions

Cited in 147 cases (7 in the last 5 years), 1952–2026 · leading case: Balla v. Idaho State Bd. of Corr., 595 F. Supp. 1558 (D. Idaho 1984).

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Balla v. Idaho State Bd. of Corr., 595 F. Supp. 1558 (D. Idaho 1984). · cites it 55× “The Idaho State Legislature, in enacting Idaho Code § 20-223 , precludes the release on parole of even a model prisoner serving a sentence for the crimes enumerated in that section, or whose history and conduct indicate that such inmate is a sexually dangerous person except upon…”

State v. Gee, 695 P.2d 376 (Idaho 1985). · cites it 68× “In his petition for post-conviction relief, Gee averred " Idaho Code § 20-223 has determined that Petitioner is a `sexually dangerous person' and enhances the penalty imposed because of Petitioner's status.”

Standlee v. State, 538 P.2d 778 (Idaho 1975). · cites it 53× “The motion challenged the constitutionality of I.C. § 20-223, [1] which requires a prisoner *780 to serve one-third of his sentence, if convicted of certain named crimes, before he is eligible for parole.”

State v. Toohill, 650 P.2d 707 (Idaho Ct. App. 1982). · cites it 6× “For serious felonies enumerated in I.C. § 20-223, parole eligibility commences when one-third of the sentence, or five years (ten years in the case of a life sentence), whichever is less, has been served.”

Vittone v. State, 759 P.2d 909 (Idaho Ct. App. 1988). · cites it 28× “[T]he Parole Board has broad discretion and in reviewing a Parole Board’s decision a court may not substitute its judgment for that of the Board.”

State v. Wilson, 690 P.2d 1338 (Idaho 1984). · cites it 20× “§ 19-2513A and I.C. § 20-223. Prior to 1977, a court sentencing for a felony conviction, with certain exceptions, was required to impose an "indeterminate" sentence.”

Hays v. State, 747 P.2d 758 (Idaho Ct. App. 1987). · cites it 20× “When the judgment of conviction was entered against Hays for lewd and lascivious conduct, he came into the ambit of I.C. § 20-223. That statute mandates that persons convicted of certain crimes receive psychological examinations before release on parole.”

Izatt v. State, 661 P.2d 763 (Idaho 1983). · cites it 23× “Finally the appellant argues that he was denied due process by the Commission’s failure to grant him a timely parole hearing, citing The Policies and Procedures of the Idaho Commission for Pardons and Paroles 3 (November 1978) (hereinafter Policies and Procedures), which…”

State v. Kaiser, 681 P.2d 594 (Idaho Ct. App. 1984). · cites it 26× “He concluded that under the life sentence Kaiser would serve a minimum of ten years, as mandated by I.C. § 20-223. He assumed that, in addition, Kaiser would be required to serve one-third of the fifteen-year enhancement sentence.”

Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010). · cites it 4× “§§ 353-61, -72 (parole procedure); Idaho Code Ann. § 20-223 ; Ill. Comp. Stat.”

Dopp v. Idaho Comm'n of Pardons & Parole, 84 P.3d 593 (Idaho Ct. App. 2004). · cites it 18× “Thus, in Vittone , we considered, in a habeas corpus action, whether the petitioner had been denied protections afforded him by I.C. § 20-223. In Acheson v. Klauser, 139 Idaho 156 , 75 P.”

Walter D. Balla v. Idaho State Bd. of Corr., Walter D. Balla v. Idaho State Bd. of Corr., 869 F.2d 461 (9th Cir. 1989). · cites it 7× “The Board also contests the district court’s legal conclusion that Idaho Code § 20-223 requires the state to provide a treatment program for sex offenders.”

Show all 147 citing cases →

— Idaho Code § 20-223(4) — 2 cases

Langley v. Little (D. Idaho 2021).

Michael A. Dotts v. Warden Little (Idaho Ct. App. 2014).

— Idaho Code § 20-223(7) — 2 cases

Michael A. Dotts v. Warden Little (Idaho Ct. App. 2014).

State v. Dub D. Tunstall (Idaho Ct. App. 2014).

— Idaho Code § 20-223(a) — 4 cases

Gibson v. Bennett, 108 P.3d 417 (Idaho Ct. App. 2005).

Mattoon v. Blades, 181 P.3d 1242 (Idaho 2008).

Warren v. Craven, 271 P.3d 725 (Idaho Ct. App. 2012).

Carman v. Com'n of Pardons & Parole, 809 P.2d 503 (Idaho 1991).

— Idaho Code § 20-223(b) — 7 cases

State v. Alberts, 861 P.2d 59 (Idaho 1993).

Drennon v. Craven, 105 P.3d 694 (Idaho Ct. App. 2004).

State v. Alberts, 824 P.2d 135 (Idaho Ct. App. 1991).

State v. Bartlett, 800 P.2d 118 (Idaho Ct. App. 1990).

Gee v. State, 785 P.2d 671 (Idaho Ct. App. 1990).

— Idaho Code § 20-223(c) — 14 cases

State v. Huffman, 159 P.3d 838 (Idaho 2007).

Banks v. State, 920 P.2d 905 (Idaho 1996).

Quinlan v. Idaho Comm'n for Pardons & Parole, 69 P.3d 146 (Idaho 2003).

Brandt v. State, 878 P.2d 800 (Idaho Ct. App. 1994).

Storm v. Spaulding, 44 P.3d 1200 (Idaho Ct. App. 2002).

— Idaho Code § 20-223(d) — 1 case

State v. Aubert, 811 P.2d 44 (Idaho Ct. App. 1991).

— Idaho Code § 20-223(e) — 3 cases

Quinlan v. Idaho Comm'n for Pardons & Parole, 69 P.3d 146 (Idaho 2003).

Warren v. Craven, 271 P.3d 725 (Idaho Ct. App. 2012).

Burghart v. Carlin, 264 P.3d 71 (Idaho Ct. App. 2011).

— Idaho Code § 20-223(f) — 5 cases

State v. Christopher D. Griffith, 336 P.3d 816 (Idaho Ct. App. 2014).

State v. Anderson, 266 P.3d 496 (Idaho Ct. App. 2011).

State v. Frank Leslie Nicolai (Idaho Ct. App. 2014).

Ray M. Nichols v. State (Idaho Ct. App. 2014).

State v. Michael Lane Sparks (Idaho Ct. App. 2014).

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