Legal Question in Criminal Law in Idaho

Parole ''jurisdiction''

Once an inmate has completed the ''fixed'' sentence, and has been denied parole at the first parole hearing... Is there a possibility of returning ''jurisdiction'' from the parole commission to the original judge?


Asked on 4/14/02, 10:04 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Parole ''jurisdiction''

No. Once the Department of Corrections has custody, the court is out of it. However, you can have several things heard by the court: 1) if your civil rights have or are being violated; 2) if you file a post conviction relief act petition alleging a) the court didn't have jurisdiction; b) that your conviction violates the Id or US constitutions; c) that the sentence exceeds the maximum; d) that brand new and material facts now exist that didn't exit before that requires vacation of the sentence; and e) that the sentence has expired.

You can also file a Rule 35 motion within 120 days of the sentence alleging the sentence was illegal in some way

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Answered on 4/15/02, 4:19 pm


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