1. (1) There is a board of pardons and parole consisting of six members.

2. (2) Board members must possess at least one of the following qualifications:

   1. (a) a college degree in criminology, corrections, or a related social science;
   2. (b) at least 5 years of extensive work experience in corrections, the criminal justice system, or criminal law; or
   3. (c) a law degree.

3. (3) Consideration should be given to balancing members' expertise or knowledge of:

   1. (a) American Indian culture;
   2. (b) serious mental illness and recovery from serious mental illness; and
   3. (c) victim awareness.
4. (4) Board members shall serve staggered 6-year terms. The terms of board members run with the position, and if a vacancy occurs, the governor shall appoint a person to fill the unexpired portion of the term.
5. (5) The governor shall designate the presiding officer, as provided in 2-15-124. The governor may designate a different presiding officer at any time. If the governor designates a different presiding officer, the former presiding officer still serves as a board member unless removed for cause pursuant to 2-15-124(6).
6. (6) The board is allocated to the department of corrections for administrative purposes only as prescribed in 2-15-121. However, the board may hire its own personnel, and 2-15-121(2)(d) does not apply.
7. (7) The board is designated as a quasi-judicial board for the purposes of 2-15-124, except that board members must be compensated as provided in 46-23-111 and the terms of board members must be staggered as provided in subsection (4).
8. (8) A favorable vote of a majority of the members of the board is required to implement a policy, procedure, or administrative rule. A favorable vote of the majority of the members of a hearing panel, as defined in 46-23-103, is required to make decisions regarding parole and executive clemency.

History: En. Sec. 1, Ch. 392, L. 2017; amd. Sec. 1, Ch. 190, L. 2025; amd. Sec. 4, Ch. 323, L. 2025.