220 Ind. Admin. Code 1.1-4-4

Current through May 29, 2024

Section 220 IAC 1.1-4-4 - Petition and recommendation; consideration

Authority: IC 11-9-1-2

Affected: IC 11-9-1-2; IC 11-9-2-2

Sec. 4.

(a) The statements of the trial judge and the trial prosecuting attorney must be included in the petition for clemency. If either the trial judge or the trial prosecuting attorney is deceased or otherwise unavailable, then a statement from the successor(s) in office will be accepted. If either or both parties decline making a statement, this fact shall be recorded in the petition along with the name and office of the person(s) contacted to make a statement.

(b) An investigation of the attitudes and opinions of the community in which the crime occurred, of the victim or of the relatives and friends of the victim, or of the friends and relatives of the offender shall be required by the board prior to recommending that the governor grant any petition for commutation.

(c) A report of the offender's medical, psychological and psychiatric condition and history shall be required by the board prior to recommending that the governor grant any petition for commutation.

(d) In making its recommendation to the governor, the board shall consider:

(1) the nature and circumstances of the crime for which the offender is committed, and the offender's participation in that crime;

(2) the offender's prior criminal record;

(3) the offender's conduct and attitude during commitment; and

(4) the best interests of society.

(e) In making its recommendation to the governor, the board may consider:

(1) the offender's previous social history;

(2) the offender's employment during commitment;

(3) the offender's educational and vocational training both before and during commitment;

(4) the offender's age at the time of committing the offense and his age and level of maturity at the time of the clemency appearance;

(5) the offender's medical condition and history;

(6) the offender's psychological and psychiatric condition and history;

(7) the offender's employment history prior to commitment;

(8) the relationship between the offender and the victim of the crime;

(9) the offender's economic condition and history;

(10) the offender's previous parole or probation experiences;

(11) the offender's participation in substance abuse programs;

(12) the attitudes and opinions of the community in which the crime occurred, including those of law enforcement officials;

(13) the attitudes and opinions of the victim of the crime, or of the relatives or friends of the victim;

(14) the attitudes and opinions of the friends and relatives of the offender;

(15) any other matter reflecting upon the likelihood that the offender, if released upon parole, is able to and will fulfill the obligations of a law-abiding citizen;

(16) the offender's proposed places of employment and of residence were he to be released on parole.

(f) The board may hold public hearings at its offices or elsewhere in the state to receive information pertaining to pending cases.

220 IAC 1.1-4-4

Parole Board; 220 IAC 1.1-4-4; filed Feb 20, 1981, 9:30 am: 4 IR 504; filed Jun 15, 1987, 2:45 pm: 10 IR 2496; readopted filed Nov 8, 2001, 1:15 p.m.: 25 IR 935; readopted filed Sep 5, 2007, 2:32 p.m.: 20070919-IR-220070371RFA; readopted filed Dec 2, 2013, 2:09 p.m.: 20140101-IR-220130484RFA