Section 06.02.01.014 - ESTABLISHMENT OF LSUThe Department shall establish a LSU and will monitor unit success, offender compliance, and oversee caseload and supervision activities.
01.Transfer to LSU.a. Qualifying Factors. Supervisors will review District staff recommendations for transfer to the LSU. Qualifying Factors. Consideration for transfer to the LSU unit will be based on the following factors:i. Validated Assessment of Potential to Re-Offend. The LSU candidate shall have their potential for re-offense and needs determined through a validated actuarial assessment. To qualify for assignment to the LSU, candidate scores on the risk and needs assessment must be at or below the "low" potential to re-offend level with no increase in risk level for at least ninety (90) days during active supervision immediately prior to transfer, or at or below the "moderate" potential to re-offend level with no increase in risk level for at least three hundred sixty (360) days during active supervision immediately prior to transfer.ii. Income and Employment Status. The LSU candidate must have verified full-time employment of at least thirty-two (32) hours per week, or be a full-time student, or have adequate lawful income from non-employment sources including retirement, spousal or child support, student financial aid, disability income or SSI.iii. Drug Screening. If the LSU candidate is being supervised at moderate risk or lower they must establish a documented history of negative results on urine sample analyses for banned substances for a period of ninety (90) days before being a candidate for the LSU. Drug screening may be waived for a LSU candidate with a lack of history of drug or alcohol abuse or due to prior supervision at a low risk level of more than one (1) year.iv. Legal and Financial Obligations. The LSU candidate must have paid all LFOs in full as directed or have established a record of actively making payments on all outstanding LFOs.v. Court Ordered Jail Time and Community Service. The LSU candidate must have established a record of progress toward successful completion of all court ordered obligations for local incarceration and community service.vi. Special Terms and Conditions Imposed by Court or Commission. The LSU candidate must have completed or be in compliance with all of the special terms and conditions of probation or parole ordered by the court or the Commission.b. Disqualifying Factors. The following factors disqualify an offender from being considered a candidate for transfer to the limited supervision unit:i. Additional offenses:(1) Conviction of a new felony while on active probation or parole in the past twenty-four (24) months; or(2) Conviction of a violent misdemeanor in the past twelve (12) months; or(3) Conviction of a misdemeanor DUI offense in the past twelve (12) months.ii. Violation in the past twelve (12) months of a term or condition of probation or parole imposed by the court or the Commission resulting in a Level 3 sanction.iii. Interlock Device. Any indicator of alcohol use from the state approved ignition interlock system within the past twelve (12) months.iv. No Contact Orders and Civil Protection Orders. The LSU candidate is the respondent in an active No Contact Order or Civil Protection Order. The disqualifying order must be independent of terms and conditions of probation or parole and violation of the order must subject the offender to arrest and potential punishment under Section 18-920 or 39-6312, Idaho Code.c. Consideration of Court or Commission Recommendations for Assignment to LSU. The Department will review all recommendations received at any time from the sentencing court or the Commission for assignment of an offender to the LSU and will advise the court and prosecuting attorney or Commission of its decision on such recommendation.d. Parolee Meeting Early Discharge Criteria. Without regard to the qualifying and disqualifying factors set forth in Subsections 014.01.a. and 01.b., a parolee who has been denied early discharge by the Commission will be eligible for referral to the LSU.02.Monitoring and Compliance.a. Offenders must report on a regular basisb. The PPO or designee must monitor for adherence to offender's condition of supervision to include, but not limited to, searching for the following: i. New criminal case filings;ii. Status of legal and financial obligations; or03.Removal from LSU Unit. The Department may in its discretion remove the offender from the LSU unit and assign the offender to a higher level of supervision.Idaho Admin. Code r. 06.02.01.014