Michigan Administrative Code
Department - Corrections
Executive Bureau
Community Status; Eligibility Criteria
Part 7 - PAROLE, PARDON, REPRIEVE, AND COMMUTATION OF SENTENCE
Section R. 791.7760 - Pardons, reprieves, and commutations

Universal Citation: MI Admin Code R. 791.7760

Current through Vol. 24-16, September 15, 2024

Rule 760.

(1) A person who is convicted of a crime may apply for a pardon, reprieve, or commutation by filing a notarized copy of the appropriate application with the parole board. The application shall contain all of the following information:

(a) Date of conviction and sentence imposed for the crime for which the person is seeking clemency.

(b) Personal history, including all of the following information:
(i) Age.

(ii) Citizenship.

(iii) Marital status.

(iv) Number of dependents.

(v) If on parole or discharged from sentence, employment history and character references.

(c) Criminal record.

(d) Circumstances of crime for which the person is seeking clemency.

(e) Reasons for seeking clemency.

(f) Other relevant information requested by the parole board.

(2) Upon receipt of an application for pardon, reprieve, or commutation, the parole board shall handle the application pursuant to the procedures contained in section 44 of Act No. 232 of the Public Acts of 1953, as amended, being S791.244 of the Michigan Compiled Laws, except that the parole board is not required to act upon an application that is substantially identical to one which has been denied within 2 years of the date of the present application.

(3) If a public hearing is held on an application for pardon, reprieve, or commutation, notice of the hearing shall be provided as set forth in section 44(2)(g) of Act No. 232 of the Public Acts of 1953, as amended, being S791.244(2)(g) of the Michigan Compiled Laws, and shall also be provided to the public press.

(4) If a public hearing is held, it shall be conducted by at least 1 member of the parole board who will be involved in the formal recommendation to grant or deny the application for pardon, reprieve, or commutation. The parole board shall give liberal construction to any technical rules of evidence.

(5) At a public hearing on the applicant's petition for pardon, reprieve, or commutation, the applicant may testify and present relevant witnesses and oral documentary evidence. The applicant may be represented by retained or appointed counsel. The public shall be represented by the department of attorney general. The presiding parole board member shall summarize all statements and documents presented both for and against the application for clemency.

(6) A person who is a victim of the applicant's offense, as defined in section 2(l)(i) of Act No. 87 of the Public Acts of 1985, as amended, being S780.752(l)(i) of the Michigan Compiled Laws, shall be given an opportunity to address and be questioned by the parole board or if a public hearing is conducted, to submit written testimony. The victim shall be given notice if a reprieve, commutation, or pardon has been granted.

Disclaimer: These regulations may not be the most recent version. Michigan may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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