Rule R671-315. Pardons.

As in effect on August 1, 2009

Table of Contents

• R671-315-1. Pardons.
• KEY
• Date of Enactment or Last Substantive Amendment
• Notice of Continuation
• Authorizing, Implemented, or Interpreted Law

R671-315-1. Pardons.

A. The Board may consider a petition for a pardon from an individual whose sentence(s) were under the board's jurisdiction and have been terminated or expired for at least five years. The board's designee shall obtain and provide relevant information that shall include but not be limited to, all inmate files, a recent BCI report, employment history, restitution report if applicable, and verification that the applicant completed therapy programs ordered by the board. The board designee shall summarize this information and upon review the board may request additional information. The board designee shall provide this information to the board within 60 days from the date the petition was received. The Board shall consider the petition and all available information relevant to it and vote to grant or deny a hearing. If a pardon hearing is granted the hearing shall be held within 60 days of the board's decision to hold the hearing. The Board may publish the petition in the legal notices section of a newspaper of general circulation and invite comment from the public.

B. When the petition involves cases that were not under the board's jurisdiction, the applicant shall provide all relevant information including, but not limited to, a current BCI, police report(s) of the crime(s) for which the applicant is seeking a pardon, court order(s) for said crime(s) and if applicable verification that all restitution has been paid in full. The Board's designee shall review and summarize the applicant's submission of information. Upon review of this information, the board may request additional information from the applicant or in the alternative it may direct its designee to verify and gather additional information. The Board shall consider the petition and all available information relevant to it and vote to grant or deny a hearing. If a pardon hearing is granted the hearing shall be held within 60 days of the board's decision to hold the hearing.

C. The Board may deny a pardon by majority vote without a hearing. If the Board decides to consider the granting of a pardon, a hearing will be scheduled with appropriate notice given to victim(s) of record if they can be located, the chief law enforcement officer of the arresting agency, the presiding judge where the conviction was entered, and the County, District or City Attorney where the case was prosecuted. Notice may also be posted in a public place in the jurisdiction where the conviction occurred. The Board may grant a conditional pardon or an unconditional pardon. The petitioner will be notified in writing of the results as soon as practicable.

D. The Board may dispense with any requirement created by this policy if good cause exists.

KEY

pardons

Date of Enactment or Last Substantive Amendment

October 25, 2007

Notice of Continuation

July 25, 2007

Authorizing, Implemented, or Interpreted Law

77-27-2; 77-27-5; 77-27-9; Art VII Sec 12