Executive Clemency

The Board is responsible for reviewing requests for executive clemency, including both pardons and commutation of sentence, and making recommendations to the Governor.

Montana Constitution vests sole authority to grant/deny clemency in the Governor. House Bill 43, passed by the 2015 Legislature, gave the Governor authority to review the Board’s clemency recommendations and make a final, binding determination.

The Governor’s clemency reports are submitted every two years, with the last one sent in 2022.

Please refer to the following Montana Legislative Services Division (LSD) online repository where a search specific to the Governor’s Office reports can be conducted:

https://leg.mt.gov/publications/state-agency-reports/

Applying for Executive Clemency

Applications must be in writing, signed by the applicant and filed with the Board of Pardons and Parole. The applications available are:

Who may file an application?

Applications may be filed only by:

  • the person convicted of the crime
  • the inmate's attorney acting on the inmate's behalf and with consent
  • a court-appointed next friend, guardian or conservator acting on the inmate’s behalf

Reapplications

Unless the Board orders otherwise or there has been a substantial change in circumstances, as determined by the Board, a person may not reapply for executive clemency.

Click here to download Clemency Flow Chart below.

 Clemency-Flow-Chart_as-of-7-12-22.jpg

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