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20.25.904    DECISION CONCERNING CLEMENCY

(1) Upon conclusion of the hearing the hearing panel will take the entire case under advisement or may issue an immediate decision.

(a) In cases in which the death penalty has not been imposed, if the hearing panel makes a recommendation that the governor grant clemency, it will within 30 days of the decision forward all relevant documents and a proposed executive order to the governor for the governor's final determination. If the panel does not recommend a grant of clemency, it will not forward the application to the governor.

(b) In cases in which the death penalty has been imposed, the board will forward all relevant documents and a recommendation to grant or deny clemency to the governor for the governor's final determination.

(2) The board staff will notify the applicant of the panel's decision in writing within 30 days of the hearing.

(3) If the governor grants executive clemency, the signed executive order will be sent to the Secretary of State. The Secretary of State will file the attested order and return the attested order to the board for dissemination to the applicant, Department of Corrections, Department of Justice, and Federal Bureau of Investigation ID bureau for appropriate action.

History: 46-23-218, MCA; IMP, 46-23-315, MCA; Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1994 MAR p. 168, Eff. 1/28/94; AMD, 2010 MAR p. 2816, Eff. 12/10/10.

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