HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
This is an obsolete version of the rule. Please click on the rule number to view the current version.

20.25.901    APPLICATIONS FOR CLEMENCY

(1) Application forms for executive clemency may be obtained at the board's main office in Deer Lodge, Montana or from the board's web site.

(2) Applications must be in writing, signed by the applicant, notarized, and filed with the board's Deer Lodge office. Applications may be filed only by the offender convicted of the crime, by the offender's attorney acting on the offender's behalf and with his/her consent, or by a court-appointed next friend, guardian, or conservator acting on the offender's behalf.

(a) The applications shall state the type of executive clemency requested; pardon, commutation, respite, or remission of fines or forfeitures.

(b) The application for clemency must include:

(i) a certified copy of all court documents relating to the particulars of the crime and sentencing;

(ii) details concerning the circumstances relating to the social conditions of the applicant prior to the commission of the crime, at the time the offense was committed, and at the time of the application;

(iii) three letters of support from reputable persons;

(iv) psychological reports as requested by the board;

(v) verification that supports the reasons for the applicant's request for executive clemency; and

(vi) a signed waiver of confidentiality.

(3) Unless the board otherwise orders or there has been a substantial change in circumstances, as determined by the board, an offender whose application has been denied may not reapply for executive clemency.

(4) In cases in which the death penalty has been imposed, the application for executive clemency must be received at the board's Deer Lodge office no later than ten days after the district court sets a date of execution.

(5) Any person convicted of a crime after July 1, 1973, will automatically have restored, upon completion of custody and supervision, all civil rights that were lost with the conviction. The person need not apply for executive clemency to have the person's civil rights restored.

History: 46-23-218, MCA; IMP, 46-23-301, MCA; Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1994 MAR p. 168, Eff. 1/28/94; AMD, 1999 MAR p. 290, Eff. 2/12/99; AMD, 2010 MAR p. 2816, Eff. 12/10/10.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security