20.25.904    RECOMMENDATION CONCERNING CLEMENCY

(1) Upon completion of its preliminary review or hearing, the hearing panel shall transmit within 30 days to the Governor, the application or reapplication along with its recommendation to grant or deny clemency, together with relevant documentation.

(2) If a hearing was held, the hearing panel may take the entire case under advisement or may issue an immediate recommendation.

(3)  In cases in which the death penalty has been imposed, the hearing panel will, immediately after making its decision, forward all relevant documents and a recommendation to grant or deny clemency to the Governor for the Governor's final determination. 

(4)  The board shall also give notice to the applicant of its recommended disposition and the reasons for its recommendation to deny or approve the application or reapplication. 

(5)  The board shall post its recommended disposition on the board's website within 21 calendar days of its recommendation.

(6) If the Governor grants executive clemency, the signed executive order will be sent to the Secretary of State. The Secretary of State will file the attested order and return the attested order to the board for dissemination to the applicant, the Department of Corrections, the Department of Justice, and the Federal Bureau of Investigation ID bureau for appropriate action.

History: 46-23-218, MCA; IMP, 46-23-301, 46-23-307, 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, 2010 MAR p. 2816, Eff. 12/10/10; AMD, 2012 MAR p. 1619, Eff. 8/10/12; AMD, 2016 MAR p. 139, Eff. 1/23/16; AMD, 2022 MAR p. 1194, Eff. 7/9/22.