(1) Application forms for executive clemency may be obtained at the Board of Pardons and Parole, 300 Maryland Avenue, Deer Lodge, Montana 59722.

(2) Applications must be in writing, signed by the qualified applicant and filed with the executive director of the board of pardons and parole. Applications may be filed only by the person convicted of the crime, by the person's attorney acting on the person's behalf and with his/her consent, or by a court-appointed next friend, guardian, or conservator acting on the person's behalf.

(3) The applications shall state the type of executive clemency requested, the particulars of the crime, giving dates of commission, the court of conviction, the circumstances relating to the social condition of the applicant and the reasons for the request for executive clemency. Unless the board otherwise orders or there has been a substantial change in circumstances, as determined by the board, a person may not reapply for executive clemency for a period of 36 months.

(4) In capital cases, the application for executive clemency must be received by the board at least 30 days prior to the date of execution. The board may waive the 30-day requirement for good cause shown.