Administrative Rules of Montana
Department 20 - CORRECTIONS
Chapter 20.25 - BOARD OF PARDONS AND PAROLE
Subchapter 20.25.9 - Executive Clemency
Rule 20.25.903 - HEARING PROCEDURE FOR CLEMENCY
Current through Register Vol. 6, March 22, 2024
(1) A hearing panel of the board will, after having ordered a hearing and after appropriate notice has been given, conduct a public nonadversarial hearing.
(2) The hearing panel that conducts the hearing will hear all relevant facts and information of the petitioner, petitioner's counsel and witnesses, as well as any opponents to the petition, and will make an audio and video recording of the hearing including proof of publication of the order for hearing.
(3) Unless a majority of the hearing panel otherwise orders, procedures for the hearing on an accepted application for executive clemency are as follows:
(4) Applicants may be represented by counsel at their own expense.
(5) Opponents and proponents of the application may submit written testimony, but it must be received by the board no later than 21 days prior to the scheduled hearing. The hearing panel may request submissions from proponents or opponents.
AUTH: 46-23-218, MCA; IMP: 46-23-301, 46-23-306, MCA