§ 5-4-607 — Application for executive clemency - Regulations

(a) The pardon of a person convicted of capital murder, § 5-10-101 , or of a Class Y felony, Class A felony, or Class B felony, or the commutation of a sentence of a person convicted of capital murder, § 5-10-101 , or of a Class Y felony, Class A felony, or Class B felony, may be granted only in the manner provided in this section. (b) (1) A copy of the application for pardon or commutation shall be filed with: (A) The Secretary of State; (B) The Attorney General; (C) The sheriff of the county where the offense was committed; (D) The prosecuting attorney of the judicial district where the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that prosecuting attorney; (E) The circuit judge presiding over the proceedings at which the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that circuit judge; and (F) The victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney. (2) (A) The application shall set forth a ground upon which the pardon or commutation is sought. (B) If the application involves a conviction for capital murder, § 5-10-101 , a notice of the application shall be published by two (2) insertions, separated by a minimum of seven (7) days, in a newspaper of general circulation in the county or counties where the offense or offenses of the applicant were committed. (c) On granting an application for pardon or commutation, the Governor shall: (1) Include in his or her written order the reason for the granting of the application; and (2) File with the House of Representatives and the Senate a copy of his or her written order which shall state the: (A) Applicant's name; (B) Offense of which the applicant was convicted and the sentence imposed; (C) Date of the judgment imposing the sentence; and (D) Effective date of the pardon or commutation. (d) A person sentenced to death or to life imprisonment without parole is not eligible for parole and shall not be paroled. (e) If the sentence of a person sentenced to death or life imprisonment without parole is commuted by the Governor to a term of years, the person shall not be paroled, nor shall the length of his or her incarceration be reduced in any way to less than the full term of years specified in the order of commutation or in any subsequent order of commutation. (f) A reprieve may be granted as presently provided by law.

Legislative History

Acts 1975, No. 280, § 1306; 1977, No. 474, § 13; A.S.A. 1947, § 41-1306; Acts 1991, No. 706, § 1; 1993, No. 741, § 1; 1999, No. 498, § 1; 2001, No. 201, § 1; 2003, No. 1169, § 1; 2005, No. 1975, § 1; 2005, No. 2097, § 1.