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(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) The hearing panel may request a psychological evaluation of the applicant, a background check of the applicant, and any other reports the panel deems necessary as part of the preliminary review.

(3) After preliminary review, a hearing panel shall consider whether to hold a hearing on the application pursuant to 46-23-301, MCA.

(4) Pursuant to 46-23-302, 46-23-303, and 46-23-305, MCA, if in the opinion of the hearing panel sufficient cause appears to conduct a hearing on the application, the panel shall initiate an investigation and sign an order indicating the following:

(a) the date on which the hearing will be held;

(b) that all persons having an interest in the matter who desire to be heard should be present on the date set for the hearing;

(c) that the order must be printed and published in a newspaper of general circulation in the county where the crime was committed once each week for two weeks; and

(d) that a copy of the order must be sent to the district judge, the county attorney, the sheriff of the county where the crime was committed, and to the applicant.

(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.  The board will give notice of the hearing date, as prescribed by law, and as described in (4).


History: 46-23-218, MCA; IMP, 46-23-301, 46-23-302, 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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