(HB 1020)
Clemency hearings before the Board of Pardons and Parole,
procedure revised.
Section
1.
That
§
24-13-4.2
be repealed.
Section 2. That § 24-13-4.3 be repealed.
Section
4.
That
§
24-13-4.5
be repealed.
Section
5.
That
§
24-14-3
be amended to read as follows:
24-14-3.
The
applicant
executive director
shall
, upon notice of hearing from the board for
clemency consideration, serve
notify
the attorney who prosecuted the person applying for
clemency, or the attorney's successor in office,
a notice of the hearing
the sentencing judge, the
attorney general, and the sheriff or local law enforcement agency where the offense was
committed
, at least
fifteen
thirty
days
before it considers the application
prior to a hearing by the
board
.
Section
6.
That
§
24-14-4
be amended to read as follows:
24-14-4.
Any applicant shall, upon notice of hearing from the board for clemency
consideration, publish once each week for three consecutive weeks in one of the official
newspapers designated by the county where the offense was committed, the name of the person
on whose behalf the application is made, the public offense for which the person was convicted,
the time of the person's conviction, and the term of imprisonment. The last publication shall be
published at least twenty days before the hearing. The affidavit of the publisher of the paper
showing that notice has been published shall accompany the application. This notice requirement
does not apply to an
inmate who has been released from the state penitentiary for at least five years
and who was convicted of not more than one felony, if the felony for which the inmate was
convicted is not punishable by life imprisonment
applicant requesting an exceptional pardon
.
Section
7.
That
§
24-14-8
be amended to read as follows:
24-14-8.
Upon the expiration of five years following the release of an
inmate
applicant
from
the state penitentiary
a Department of Corrections facility
who was convicted of not more than one
felony, which was not an offense punishable by life imprisonment,
he
the applicant
may apply to
the Board of Pardons and Paroles for an exceptional pardon.
If an applicant was convicted of a
crime that did not result in the applicant subsequently serving a prison sentence, the applicant may
apply for an exceptional pardon if at least five years have passed from the date of the applicant's
offense, if the applicant was not convicted of more than one felony, and if the offense was not
punishable by life imprisonment.
Section
8.
That
§
24-15A-1
be amended to read as follows:
24-15A-1.
The provisions of this chapter do not apply to persons sentenced to prison for crimes
committed prior to July 1, 1996, except the provisions in §§ 24-15A-18 and 24-15A-19 involving
multiple sentences occurring both prior and subsequent to the enactment of this chapter and the
provisions of §§
24-15A-9, 24-15A-10, 24-15A-11,
24-15A-31, 24-15A-37,
and
24-15A-40
, and
the provisions in section 12 of this Act
.
Section
9.
That
§
24-15A-9
be amended to read as follows:
24-15A-9.
The chair of the board may designate individual parole board members as hearing
officers who may conduct hearings pursuant to this chapter and chapters 24-13
, 24-14,
and 24-15,
take testimony, and make recommendations to the board
regarding the granting, denial, revocation,
or rescission of a parole
. The recommendation shall be in writing and reviewed by the board or a
panel of the board who may adopt, modify, or reject the recommendations.
Section
10.
That
§
24-15A-10
be amended to read as follows:
Section
11.
That
§
24-15A-11
be amended to read as follows:
24-15A-11.
No person may be paroled
pursuant to §§ 24-15A-39 and 24-15A-41
or denied
parole nor may a person's parole be revoked or rescinded without the concurrence of two board
members.
Section
12.
That chapter
24-15A
be amended by adding thereto a NEW SECTION to read as
follows: