(1) Pardon is a declaration of record that an individual is to be relieved of all legal consequences of a prior conviction.

(2) Commutation involves the mitigation of a criminal punishment through the substitution of a lesser sentence for a greater one. Commutations may be granted conditionally if, in the board's opinion, the conditions are in the best interest of society and do not unreasonably infringe on an individual's constitutional rights. Non-compliance may be followed with revocation of the commutation.

(3) The board may also recommend to the governor that a respite or a remission of fines or forfeitures be granted.

(4) Any person convicted of a crime after July 1, 1973, will automatically have restored all civil rights that may have been lost, if any, upon completion of supervision.

(5) Executive clemency may be recommended for an individual who:

(a) Can satisfactorily prove innocence of a crime for which the person is serving or has served time;

(b) Has demonstrated exemplary performance;

(c) Submits newly discovered evidence showing complete justification or non-guilt on the part of the person;

(d) Suffers from terminal illness or from a chronic disability;

(e) Can satisfactorily prove that further incarceration would be grossly unfair;

(f) Can satisfactorily prove that a death penalty should be avoided; or

(g) Can satisfactorily prove extraordinary mitigating or extenuating circumstances exist.

(6) When considering a recommendation for executive clemency the board shall consider the nature of the crime, the comments of the judge, the prosecuting attorney, the community, and the victims and victims' family regarding clemency for the applicant, and a consideration of whether release would pose a threat to the public safety. The public safety determination overrides even the most substantial showing of exceptional or compelling circumstances.

(7) All parties who have entered a plea of guilty or who have been found guilty by a jury are to be deemed guilty. However, the board may initiate an investigation into a case where there is offered substantial evidence showing innocence or complete justification on the part of the person convicted.

(8) Under the statutes and the constitution of Montana, the granting of executive clemency is the sole responsibility of the governor.