Administrative Rules 20.25.903

20.25.903 HEARING PROCEDURE FOR CLEMENCY

  1. A hearing panel of the board will, after having ordered a hearing and after appropriate notice has been given, conduct a public nonadversarial hearing.
    1. In cases in which the death penalty has not been imposed the hearing panel may hold the hearing via interactive video-conference or telephone conference.
    2. If the hearing takes place in a secure facility, all persons who wish to attend must gain approval to attend from the facility's chief of security or designee as required by facility policy and while at the facility must comply with the facility's policies including applicable security policies.  The facility may exclude or escort from the facility any person who fails to comply with the facility's policies.  The board has the discretion to hear testimony outside the facility.
  2. The hearing panel that conducts the hearing will hear all relevant facts and information of the petitioner, petitioner's counsel and witnesses, as well as any opponents to the petition, and will make an audio and video recording of the hearing including proof of publication of the order for hearing.
  3. Unless a majority of the hearing panel otherwise orders, procedures for the hearing on an accepted application for executive clemency are as follows:
    1. Before the hearing, the presiding hearing panel member will determine an appropriate amount of time for proponents and opponents to present their individual cases and to present closing arguments.
    2. Hearsay is allowed.
    3. The presiding hearing panel member may allow cross examination if he/she finds extraordinary circumstances are present.  Hearing panel members may question witnesses in all cases.
  4. Applicants may be represented by counsel at their own expense.  An indigent applicant may request counsel if difficult or complex issues are present and if the applicant is unable to articulate the issues.  A decision on the request for appointed counsel will be rendered by the presiding hearing panel member after due consideration.
  5. Opponents and proponents of the application may submit written testimony, but it must be received by the board no later than 21 days prior to the scheduled hearing.  The hearing panel may request submissions from proponents or opponents.  (History: 46-23-218, MCA; IMP, 46-23-306, MCA; Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1999 MAR p. 290, Eff. 2/12/99; AMD, 2010 MAR p. 2816, Eff. 12/10/10; AMD, 2016 MAR p. 139, Eff. 1/23/16.)