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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21895
Experience:  Handle criminal matters in both state and federal courts.
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My step-son was convicted of felony injury to a child in 2011,

Customer Question

My step-son was convicted of felony injury to a child in 2011, and Judge Kerrick said that he would not have to register as a sex offender. He recently had a parole hearing and has a tentative release date, but one of the parole board stipulations is that he register as a sex offender.

Does the Idaho Department of Corrections have the right to override a judge's ruling?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.
Hello

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

This is not the Department of Corrections. You are referring to a separate entity from the Judge and the DOC

The Parole Board is the only releasing authority in the state - meaning a judge cannot even give an early release to an inmate. And as such Parole is a priviledge, it is not a right and therefore the Parole Board may impose any type of terms, conditions and/or restrictions it feels appropriate if they are going to allow a person to finish their sentence in a community and not behind bars.

The answer is yes - the Parole Board may do that - and it is not connected to the DOC.
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21895
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 7 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your helpful explanation. Now I need to go console my wife who is emotionally broken up at the moment.

Expert:  Samuel II replied 1 year ago.
Hello

I fully understand. And it is not uncommon that most folks do not understand the concept of parole

Good luck to all of you

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