Administrative Rules 20.25.904

20.25.904 DECISION CONCERNING CLEMENCY

  1. Upon conclusion of the hearing the hearing panel will take the entire case under advisement or may issue an immediate recommendation.  If the panel takes the case under advisement, it must make a recommendation in writing within 30 days to grant or deny clemency.
    1. In cases in which the death penalty has not been imposed, if the hearing panel will make a recommendation to grant or deny clemency.
    2. The hearing panel shall within ten working days forward to the Governor's office its recommendation to grant or deny clemency, together with all relevant documents for the Governor's final determination.  If the hearing panel makes a recommendation that the Governor grant clemency, it shall also forward a proposed executive order to the Governor's office.  If the panel does not recommend clemency, it will forward a board-recommended disposition summarizing the reasons for denial.
    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.
  2. 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, Department of Corrections, Department of Justice, and Federal Bureau of Investigation ID bureau for appropriate action. (History: 46-23-218, MCA; IMP, 46-23-315, 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.)