La. Admin. Code tit. 22 § V-204

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-204 - Capital Cases

A. Clemency in the form of commutation of a death sentence to life without parole may be requested by the person under sentence of death or by the person's attorney acting with the person's written and signed authorization.

B. No application for commutation of a death sentence should be filed before the applicant's direct appeal of the conviction and sentence has been denied, and the applicant has served 25 years from the date of sentence. The 25 years shall not include periods of time prior to the imposition of a sentence in which the applicant was in actual custody for the offense for which s/he was sentenced to death.

C. Applications for commutation of a death sentence must be submitted on the form approved by the Board of Pardons and must also contain the following information:

1. the name of the applicant, together with any other pertinent identifying information;

2. identification of applicant's agents, if any, who are presenting the application;

3. certified copies of the indictment, judgment, verdict of the jury, and sentence in the case, including official documentation verifying the scheduled execution date;

4. a brief statement of the offense for which the prisoner has been sentenced to death;

5. a brief statement of the appellate history of the case, including its current status;

6. a brief statement of the legal issues which have been raised during the judicial progress of the case;

7. a brief statement of the effect of the offender's crime upon the family of the victim.

D. Timely applications for commutation of a death sentence will be reviewed to determine eligibility. If an applicant is deemed eligible, the matter shall be set for public hearing, following the procedures in §211 If the applicant is not eligible, he/she will be notified in writing of the reason for ineligibility.

E. See §213 for procedures to request a reprieve from execution after the inmate has received notification of the scheduled date of execution.

F. Only one application for commutation of the death sentence will be processed to completion. Successive or repetitious reprieve applications submitted on behalf of the same condemned felon may be summarily denied by the board without a meeting.

La. Admin. Code tit. 22, § V-204

Promulgated by the Office of the Governor, Board of Pardons, LR 501266 (9/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15: 572.4, 15:574.12 and 44:12 et seq.