- (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).
Authorizing statute(s): 46-23-218, MCA
Implementing statute(s): 46-23-301, 46-23-302, MCA
History: 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.