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This is an obsolete version of the rule. Please click on the rule number to view the current version.

20.25.902    INVESTIGATIONS

(1) At least 30 days will ordinarily be required for an investigation by the staff of the department of corrections and the board. The board may require other reports that, in the board's opinion, are necessary. When all necessary material is received and filed with the executive director, the application will be considered by the board at a meeting following the receipt of such investigation. If in the opinion of the board sufficient cause appears to order a full hearing thereon, as provided by law, such date of hearing will be set and notice given to all concerned in the manner prescribed by law.

(2) In noncapital cases, if in the opinion of the board insufficient cause appears to necessitate a hearing, the application for executive clemency will be denied and notice given to all concerned.

(3) In capital cases, a hearing will be conducted and the board shall transmit the application to the governor with either a recommendation that clemency be granted or a recommendation that clemency be denied.

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.

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