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(1) Application forms for executive clemency may be obtained at the board's main office in Deer Lodge, Montana or from the board's web site.

(2) Applications must be in writing, signed by the applicant, notarized, and filed with the board's Deer Lodge office. Applications may be filed only by the offender convicted of the crime, by the offender's attorney acting on the offender's behalf and with his/her consent, or by a court-appointed next friend, guardian, or conservator acting on the offender's behalf.

(a) The applications shall state the type of executive clemency requested; pardon, commutation, respite, or remission of fines or forfeitures.

(b) The application for clemency must include:

(i) a certified copy of all court documents relating to the particulars of the crime and sentencing;

(ii) details concerning the circumstances relating to the social conditions of the applicant prior to the commission of the crime, at the time the offense was committed, and at the time of the application;

(iii) three letters of support from reputable persons;

(iv) psychological reports that are available at the time of application;

(v) verification that supports the reasons for the applicant's request for executive clemency; and

(vi) a signed waiver of confidentiality.

(3) An offender whose application has been denied may not reapply for executive clemency unless the offender submits evidence of substantial change in circumstances since the last application. A hearing panel will screen reapplications for clemency and if the offender has submitted evidence of substantial change of circumstances, it will determine if it will order an investigation and hearing pursuant to ARM 20.25.902. Clemency applications that have been submitted and denied prior to October 1, 2015, may be resubmitted to the board for additional consideration, subject to the applicable provisions of the administrative rules.

(4) In cases in which the death penalty has been imposed, the application for executive clemency must be received at the board's Deer Lodge office no later than ten days after the district court sets a date of execution.

(5) Any person convicted of a crime after July 1, 1973, will automatically have restored, upon completion of custody and supervision, all civil rights that were lost with the conviction. The person need not apply for executive clemency to have the person's civil rights restored.


History: 46-23-218, MCA; IMP, 46-23-301, 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, 1999 MAR p. 290, Eff. 2/12/99; AMD, 2010 MAR p. 2816, Eff. 12/10/10; AMD, 2012 MAR p. 1619, Eff. 8/10/12; AMD, 2016 MAR p. 139, Eff. 1/23/16; AMD, 2022 MAR p. 1194, Eff. 7/9/22.

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