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Applicable Form of Executive Clemency: Commutation
of Sentence
Eligibility: Executive clemency may be recommended
for a person who:
· Can satisfactorily prove innocence of a crime for
which the person is serving time.
· Has demonstrated exemplary performance.
· Suffers from terminal illness or a chronic disability.
· Can prove that further incarceration is grossly
unfair.
· Can prove that extraordinary mitigating or extenuating
circumstances exist.
Unless the Board of Pardons and Parole otherwise orders
or there has been a substantial changes in circumstances,
as determined by the Board, a person may not reapply
for executive clemency for a period of 36 months.
Application Process: Application forms are
available from:
State of Montana
Board of Pardons and Parole
300 Maryland Avenue
Deer Lodge, MT 59722
Tel: (406) 846-1404
Fax: (406) 846-3512
Click here
for a downloadable clemency application.
Applicants must submit to the Board of Pardons and
Parole at the above address a completed application
for executive clemency and three letters of recommendation
from persons with whom they are acquainted. Once the
application is received, the Board will request a parole
officer's report and FBI rap sheet. The application
will then be set for review, and you will be notified
of the outcome of that review.
Applications must be in writing and signed by the
applicant, and filed with the Executive Director of
the Montana Board of Pardons and Parole. Applications
may be filed only by the person convicted of the crime,
the person's attorney acting on the person's behalf
and with his/her consent, or a court-appointed next
friend, guardian, or conservator acting on the person's
behalf.
If the Board determines that sufficient cause appears,
a public hearing will be scheduled. The Board will hear
all relevant facts and information of the petitioner,
his/her counsel, witnesses, and opponents. Upon conclusion
of the hearing, the Board will take the entire case
under consideration and issue recommendation. If the
recommendation is favorable, it will be forwarded to
the Governor for final determination.
If granted, a commutation may be conditional, and
if the conditions are not complied with, commutation
may be revoked.
All information relating to the applicant's crime
is public information and may be released to the news
media, if requested by them.
