§ 11-9-2-2 — Recommendation of parole board to governor; notice to victim or next of kin of victim

Indiana § 11-9-2-2

• Jurisdiction: Indiana
• Art. 9: PAROLE BOARD
• Ch. 2: Commutations, Pardons, Reprieves, and Remissions

Text

(a) As used in this section, "victim" means a
person who has suffered direct harm as a result of a violent crime (as
defined in IC 5-2-6.1-8).
(b) The parole board shall submit to the governor its
recommendation regarding an application for commutation of sentence,
pardon, reprieve, or remission of fine or forfeiture. Before submitting
its recommendation, the parole board shall do all of the following:
(1) Notify:
(A) the sentencing court;
(B) the victim of the crime for which the person was convicted
(or the next of kin of the victim if the victim is deceased or
incompetent for any reason), unless the victim has made a
written request not to be notified; and
(C) the prosecuting attorney of the county where the conviction
was obtained.
(2) Conduct an investigation, which must include the collection
of records, reports, and other information relevant to
consideration of the application.
(3) Conduct a hearing where the petitioner and other interested
persons are given an opportunity to appear and present
information regarding the application. The hearing may be
conducted in an informal manner without regard to formal rules
of evidence.
(c) The notice to a victim or the next of kin of a victim that is sent
under subsection (b)(1) must comply with the requirements for notices
to victims that are established under IC 11-13-3-3.
As added by Acts 1979, P.L.120, SEC.2. Amended by
P.L.126-1985, SEC.1; P.L.134-1993, SEC.1; P.L.1-1994,
SEC.42.