Administrative Rule 20.25.902

20.25.902 INVESTIGATIONS FOR CLEMENCY AND ORDER FOR HEARING

  1. In cases in which the death penalty has not been imposed, the board staff will conduct a preliminary review of the application for clemency and submit a report to a hearing panel for its consideration.
    1. The hearing panel, based on the staff's review, may accept or reject the application.  The panel will base its decision to accept or reject an application on:
      1. all the circumstances surrounding the crime for which the applicant was convicted; and
      2. the individual circumstances relating to 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 for clemency.
    2. If a hearing panel decides to reject the application, it shall within ten working days transmit the application to the Governor's office for review by the Governor.  The board shall conduct a hearing, if after review by the Governor's office, the Governor directs that a hearing be conducted.  The board shall direct that further investigation into specific aspects of an application be conducted if requested by the Governor.
    3. If a hearing panel decides to accept the application, it will request the department to conduct an investigation within 90 days of its request.  The hearing panel may request a psychological evaluation of the applicant as part of the investigation.
      1. Within 90 days of receiving the investigation report, board staff will compile all the information for a hearing panel's consideration and make a recommendation to the panel that the panel either reject the application or order a hearing on the application.
      2. The panel may require other reports, that in the panel's opinion, are necessary.
    4. After receipt of the investigation report, the board staff's recommendation, and any other reports the panel has required, a hearing panel will consider the application and decide whether to hold a hearing on the application.
    5. If in the opinion of the hearing panel sufficient cause appears to conduct a hearing on the application, the panel will sign an order indicating the following:
      1. the date on which the hearing will be held;
      2. that all persons having an interest in the matter who desire to be heard should be present on the date set for the hearing;
      3. that the order must be printed and published in a newspaper of general circulation in the county where the crime was committed once each week for two weeks; and
      4. that a copy of the order must be sent to the district judge, the county attorney, the sheriff of the county where the crime was committed, and to the applicant.
    6. If the panel denies the application without a hearing, it shall:
      1. within ten working days transmit the application to the Governor's office for review by the Governor; and
      2. forward a board-recommended disposition summarizing the reasons for denial and post the recommended denial on the board's web site within 21 calendar days of the board's decision.
    7. If ordered by the Governor, the board shall conduct a hearing.  The board shall direct that further investigation into specific aspects of an application be conducted if requested by the Governor.
  2. If the board receives an application for clemency for an inmate for whom the death penalty has been imposed, the board will set a date for a hearing on the application.  Board staff will give notice of the hearing date, as prescribed by law, and as described in (1)(e).  (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; AMD, 2012 MAR p. 1619, Eff. 8/10/12; AMD, 2016 MAR p. 139, Eff. 1/23/16.)