004.00.91 Ark. Code R. 025

Current through Register Vol. 49, No. 10, October, 2024

Rule 004.00.91-025 - Pardons and Commutation of Sentences

1305 Pardons and Commutation of Sentences

I.AUTHORITY:

The authority to promulgate this Administrative Regulation is vested in Act 50 of 1968, First Extraordinary Session, as amended; and Act 706 of 1991, Regular Session.

II.PURPOSE:

To provide notice to victim(s) and victim(s') next of kin and an opportunity for them to be heard when considering requests for pardons and commutations of sentences.

III.APPLICABILITY:

To Field Services staff and any other employees involved in the processing of pardons and commutations.

IV.DEFINITIONS:

A.Pardon: The deliverance of a convicted person from punishment dealt by the courts and restoration of their civil rights by order of the Governor of the State of Arkansas.

B.Commutation: A reduction in a convicted person's penalty (i.e., length of sentence) to a less severe penalty.

V.POLICY:

The pardon or commutation of a person convicted of Capital Murder or of a Class Y, Class A, or Class B felony may be granted only after proper notification has been ensured.

VI.PROCEDURES:

When considering the pardons or commutations of persons convicted of Capital Murder or a Class Y, Class A, or Class B felony, the following procedures shall be followed:

A. Filing of Application

Copies of applications shall be filed with:

1. Secretary of State;

2. Attorney General;

3. Sheriff of the county in which the offense was committed;

4. Prosecuting attorney of the judicial district in which the applicant was found guilty and sentenced;

5. Circuit judge presiding over the proceedings at which the applicant was found guilty and sentenced; and

6. Victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney.

B. Legal Notice

If the application involves a conviction for Capital Murder, the application shall be published by two insertions, separated by a minimum of seven days, in a newspaper of general circulation in the county(ies) in which the offense(s) of the applicant were committed.

Board of Correction Approval Date: 12/4/91

Attorney General Review Date: 12/4/91

Date Filed Secy, of State: 12/5/91

004.00.91 Ark. Code R. 025

12/6/1991