Administrative Rules of Montana
Department 20 - CORRECTIONS
Chapter 20.25 - BOARD OF PARDONS AND PAROLE
Subchapter 20.25.9 - Executive Clemency
Rule 20.25.902 - INVESTIGATIONS FOR CLEMENCY AND ORDER FOR HEARING
Current through Register Vol. 6, March 22, 2024
(1) In cases in which the death penalty has not been imposed, a hearing panel of the board shall conduct a preliminary review of the application for clemency .
(2) If a hearing panel decides to accept the application, it will conduct an investigation. The hearing panel may request a psychological evaluation of the applicant and any other reports the panel deems necessary as part of the investigation.
(3) After investigation, a hearing panel shall consider whether to hold a hearing on the application.
(4) If in the opinion of the hearing panel sufficient cause appears to conduct a hearing on the application, the panel will sign an order indicating the following:
(5) If the board receives an application for clemency for an inmate for whom the death penalty has been imposed, the board will set a date for a hearing on the application. Board staff will give notice of the hearing date, as prescribed by law, and as described in (1)(e).
AUTH: 46-23-218, MCA; IMP: 46-23-301, 46-23-302, MCA