Montana Statutes
§ 46-23-315 — Authority Of Governor To Grant Respite -- Application
Montana·Title 46 CRIMINAL PROCEDURE·Ch. 23 PROBATION, PAROLE, AND CLEMENCY·Part 3 Executive Clemency
46-23-315 . Authority of governor to grant respite -- application. The governor has the power to grant respites after conviction and judgment for any offenses committed against the criminal laws of the state for the time that the governor thinks proper. The governor may grant a respite upon application of a person authorized to apply for executive clemency and prior to any review or recommendation by the board of pardons and parole. A respite must be of temporary duration for a definite period of time. Any respite that is granted that stays the execution of a death warrant has the effect of postponing the execution of the warrant. In that case, if clemency is not granted, the death warrant is again in effect at the expiration of the period of respite and the execution must take place on th
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Legislative History
En. Sec. 28, Ch. 153, L. 1955; Sec. 94-9848, R.C.M. 1947; redes. 95-3230 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3230; amd. Sec. 5, Ch. 561, L. 1989; amd. Sec. 229, Ch. 546, L. 1995.
Nearby Sections
15
§ 46-23-1001
Definitions§ 46-23-1002
Powers Of Department§ 46-23-1003
Qualifications Of Probation And Parole Officers§ 46-23-1004
Duties Of Department§ 46-23-1006
Through 46-23-1009 Reserved§ 46-23-101
Short Title§ 46-23-1012
Arrest When Violations Of Probation Alleged -- Probation Compliance Plan -- Probation Violator Intervention§ 46-23-1013
Repealed§ 46-23-1014
When Probationer Considered A Fugitive§ 46-23-1017
Through 46-23-1019 Reserved