Ariz. Admin. Code § 5-4-201

Current through Register Vol. 30, No. 50, December 13, 2024

Section R5-4-201 - Pardon

A. Unless prohibited by law, an individual who was convicted of an Arizona felony offense may apply for a pardon.

B. To apply for a pardon, an eligible individual shall submit to the Board a completed application form obtained from the Board.

C. In addition to the application form required under subsection (B), an applicant shall submit other information and documents that the Board requests to assist it in deciding whether to recommend a pardon.

D. If an inmate applies for a pardon, the Board shall request that the Department review the application and verify whether the inmate is eligible to apply for the pardon.

E. After receiving a complete application from an eligible applicant, the Board shall schedule a hearing and provide advance written notice to the applicant of the date and location of the hearing.

F. At the hearing, the Board shall take one of the following actions:

1. Vote to deny recommending that the governor grant a pardon and notify the applicant in writing of the Board's decision within 10 work days.

2. Vote to recommend that the governor grant a pardon and notify the applicant in writing of the Board's decision within 10 work days.

G. If the Board votes to recommend a pardon, the Presiding Officer shall designate a Board member to prepare and send to the governor a letter of recommendation. The letter of recommendation may include a statement of individual Board members' reasons for voting to recommend a pardon. Board members who voted not to recommend a pardon may prepare and send letters of dissent to the governor.

H. If the governor denies a pardon, the Board shall notify the applicant in writing of the governor's decision within 10 work days after receiving notice of the governor's decision.

I. If the Board votes not to recommend a pardon for an applicant or if the governor denies a pardon, the applicant shall not apply again for a pardon for three years from the date of the Board's decision.

Ariz. Admin. Code § R5-4-201

Former Section R5-4-201 repealed effective May 31, 1991 (Supp. 91-2). New Section adopted effective September 22, 1997 (Supp. 97-3). Amended by final rulemaking at 14 A.A.R. 529, effective April 5, 2008 (Supp. 08-1).