1. A. The board shall meet on regularly scheduled dates as determined by it and at such other times as the chairman may determine are necessary to review and take action on clemency applications before it and to transact such other business as it deems necessary. The meeting calendar shall be made available to the public. The hearing dates shall also be posted on the board's website. To the extent feasible, the board shall schedule hearings for clemency in the order in which the applications are completed.
2. B. After receipt of all documents required by §203 and the clemency investigation from the appropriate probation and parole district, the board shall set the matter for public hearing.

3. C. At least 90 days prior to the public hearing date, the board shall give written notice of the date, time, and place to the following:

   1. 1. the district attorney and sheriff of the parish in which the applicant was convicted and, in Orleans Parish, the superintendent of police;
   2. 2. the applicant;
   3. 3. the victim, witness, guardian of the victim, or a close relative of the deceased victim. The notice is not required when the victim, witness, guardian of the victim, or the close relative of the deceased victim advises the board, in writing, that such notification is not desired;
   4. 4. the attorney general; and
   5. 5. any other interested person who notifies the Board of Pardons, in writing, giving name and return address.
4. D. The victim, witness, guardian of the victim, or a close relative of the deceased victim shall have the right to make a written or oral statement as to the impact of the crime.

5. E. The victim, witness, guardian of the victim, a close relative of the deceased victim, a victim's advocacy group, and the district attorney or his representative may also appear before the panel by means of teleconference, telephone communication, or other electronic means.

   1. 1. All persons making oral presentations in favor of an applicant shall be allowed cumulatively no more than 10 minutes.

   2. 2. All persons making oral presentations against an applicant, including victims, shall be allowed cumulatively no more than 10 minutes.

      1. a. The victim, spouse, witness, guardian of the victim, or a close relative of the deceased victim shall be allowed to present such testimony in executive session at their request.
   3. 3. The district attorney representing the state and the applicant’s attorney will each be allowed a maximum of 10 minutes for oral presentation to the board.
6. F. There is no limit on written correspondence in favor of and/or opposition to the applicant's request.
7. G. The board shall notify the Department of Public Safety and Corrections and the Louisiana Victim Outreach Program at least 90 days prior to the public hearing.
8. H. If an applicant is requesting commutation of sentence and is released from custody and/or supervision prior to the public hearing date, the application will be closed without notice to the applicant. The applicant may reapply five years from the date of release.
9. I. The applicant’s failure to attend and/or notify the board of his or her inability to participate in the hearing will result in an automatic denial. The applicant may reapply five years from the date of the denial.

10. J. Four members of the board shall constitute a quorum for the transaction of business, and all actions of the board shall require the favorable vote of at least four members of the board.

    1. 1. If a favorable clemency recommendation is reached during a pardon hearing, any other specific recommendation regarding clemency (i.e., restoration of firearms privileges, commutation of sentence to a specified number of years, commutation of sentence with or without parole eligibility) shall be based on a majority vote of those members who voted to recommend clemency.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:572.4, 15:574.12, and 44:1 et seq.

Historical Note

HISTORICAL NOTE: Promulgated by the Office of the Governor, Board of Pardons, LR 39:2256 (August 2013), amended LR 42:1088 (July 2016), amended by the Office of the Governor, Board of Pardons and Committee on Parole, LR 43:46 (January 2017), LR 44:574 (March 2018), LR 44:2140 (December 2018), LR 47:359 (March 2021), LR 47:1107 (August 2021), LR 50:1266 (September 2024), LR 51:295 (February 2025), LR 51:2081 (December 2025).