46-23-301. Cases of executive clemency -- application for clemency -- definitions. (1) (a) "Clemency" means kindness, mercy, or leniency that may be exercised by the governor towards a convicted person. The governor may grant clemency in the form of:
     (i) the remission of fines or forfeitures;
     (ii) the commutation of a sentence to one which is less severe;
     (iii) respite; or
     (iv) pardon.
     (b) "Pardon" means a declaration of record that an individual is to be relieved of all legal consequences of a prior conviction.
     (2) A person convicted of a crime need not exhaust judicial or administrative remedies before he files an application for clemency. The board shall consider cases of executive clemency only upon application. All applications for executive clemency must be made to the board. Applications may be filed only by the person convicted of the crime, by his attorney acting on his behalf and with his consent, or by a court-appointed next friend, guardian, or conservator acting on his behalf. The board shall cause an investigation to be made of and base any recommendation it makes on:
     (a) all the circumstances surrounding the crime for which the applicant was convicted; and
     (b) the individual circumstances relating to social conditions of the applicant prior to commission of the crime, at the time the offense was committed, and at the time of the application for clemency.
     (3) The board shall advise the governor and recommend action to be taken. The board may recommend that clemency be granted or denied. In noncapital cases, if the board recommends that clemency be denied, the application must not be forwarded to the governor and the governor may not take action on the case. In capital cases, the board shall transmit the application and either a recommendation that clemency be granted or a recommendation that clemency be denied to the governor. The governor is not bound by any recommendation of the board, but he shall review the record of the hearing and the board's recommendation before he grants or denies clemency. The governor has the final authority to grant or deny clemency in those cases forwarded to him.

     History: En. Sec. 21, Ch. 153, L. 1955; Sec. 94-9841, R.C.M. 1947; amd. Sec. 2, Ch. 73, L. 1973; redes. 95-3223 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3223; amd. Sec. 1, Ch. 561, L. 1989.