Administrative Rules of Montana
Department 20 - CORRECTIONS
Chapter 20.25 - BOARD OF PARDONS AND PAROLE
Subchapter 20.25.9 - Executive Clemency
Rule 20.25.901A - EXECUTIVE CLEMENCY CRITERIA
Current through Register Vol. 6, March 22, 2024
(1) Pardon is a declaration of record that an individual is to be relieved of all legal consequences of a prior conviction. An individual may not apply for a pardon unless the offense for which he/she seeks a pardon has been commuted or discharged. A hearing panel may recommend a pardon for an individual who:
(2) Commutation involves the mitigation of a criminal punishment through the substitution of a lesser sentence for a greater one. A hearing panel may recommend commutation for an individual who:
(3) A hearing panel may also recommend to the governor that a respite or a remission of fines or forfeitures be granted.
(4) When considering an application for executive clemency the hearing panel shall consider the nature of the crime, the comments of the sentencing judge, the prosecuting attorney, the community, and the victims and victims' family regarding clemency for the applicant, and whether release would pose a threat to the public safety.
46-23-218, MCA; IMP, 46-23-301, MCA;