La. Admin. Code tit. 22 § V-205
Current through Register Vol. 50, No. 11, November 20, 2024
Section V-205 - Application Filing ProceduresA. All Applicants 1. Every application must be submitted on the form approved by the Board of Pardons which is made available on the board's webpage at www.doc.la.gov.2. It is the applicant's responsibility to submit a complete application. The application shall not be processed until it is complete. If any required information does not apply, the response should be "NA".3. Each answer must be answered fully, truthfully, and accurately. The submission of any false information is grounds for immediate denial of the application.4. Additional documentation that is relevant to the application may be also be submitted, including letters of support on behalf of the applicant, military DD-214 if applicable, other attachments that the applicant would like to include that are relevant to the application.5. The mailed application must be filled out completely, signed, dated, and notarized where required.6. The online application must be digitally signed and submitted through the website.B. In addition to the information submitted by application, the following required documents must be attached as they apply to each applicant.1. Incarcerated Applicants. Any applicant presently confined in any institution must attach a current master prison record and have the signature of a classification officer verifying the conduct of the applicant and a copy of conduct report. Applicants sentenced to death must attach proof of direct appeal denial.2. Parolees. Applicants who have completed parole supervision must attach a copy of their parole certificate, a certified judgment and sentence on each conviction for which they are applying for a pardon; a certified statement from the clerk of court that all fines, fees, and court costs (including restitution and probation fees) have been paid in full; a current credit report (current within 90 days of date of application), and proof of residence.3. Probationers. Applicants who have completed the probationary period must attach a certified copy of sentencing minutes or copy of automatic first offender pardon, a certified judgment and sentence on each conviction for which they are applying for a pardon; a certified statement from the clerk of court that all fines, fees, and court costs (including restitution and probation fees) have been paid in full; a current credit report (current within 90 days of date of application), and proof of residence.4. First Offender Pardons [R.S. 15:572(B)]. Applicants who have received an automatic first offender pardon must attach a copy of the automatic first offender pardon.C. No additional information or documents may be submitted until applicant has been notified that he/she will be given a hearing. The Board of Pardons will not be responsible for items submitted prior to notification that a hearing will be granted.D. Reapplication upon Denial. Any applicant denied by the board shall be notified, in writing, of the reason(s) for the denial and thereafter may file a new application as indicated below. 1. Applicants Sentenced to Life Imprisonment. Any applicant with a life sentence may reapply five years after the initial denial and every five years thereafter. Applicant must also meet the criteria stated in §203.C.2 a-d.2. Other. Applicants without a life sentence may file a new application two years from date of the letter of denial.3. Fraudulent Documents or Information. Any fraudulent documents or information submitted by an applicant will result in an automatic denial by the board and no new application will be accepted until four years have elapsed from the date of letter of denial.4. Governor Granted Clemency. The Office of the Governor will notify an applicant if any clemency is granted. Any otherwise eligible person who has been granted any form of executive clemency by the governor may not reapply for further executive clemency for at least four years from the date that such action became final.5. Denial/No Action Taken by Governor after Favorable Recommendation. The board shall notify an applicant after its receipt of notification from the governor that the board's favorable recommendation was denied or no action was taken. a. If the applicant is notified of denial by the governor, the applicant may not reapply for clemency for at least four years from the date of the denial. The application filing procedures in Subsections A-D.3 of this Section shall apply.b. When no action is taken by the governor on a recommendation for clemency issued by the board, the person seeking clemency shall not be required to reapply to the board and the recommendation shall not expire upon the expiration of the governors term in office and may be reviewed by the next governor to take office. i. Upon receipt of the no action files from the governors office, the parole board staff shall review the following: (a). offenders disciplinary record; and;(b). State Police rap sheet;ii. Staff will use the updated information to determine if the applicant is still eligible to apply for clemency.iii. Once approved, the file will be sent back to the governors office within six months of being received, with a recommendation to the governor from the pardon board, signed by the board chair.La. Admin. Code tit. 22, § V-205
Promulgated by the Office of the Governor, Board of Pardons, LR 39:2255 (August 2013), Amended by the Office of the Governor, Board of Pardons, Committee on Parole, LR 4142 (1/1/2015), Amended by the Office of the Governor, Board of Pardons LR 421087 (7/1/2016), Amended by the Office of the Governor, Board of Pardons, LR 431161 (6/1/2017), Amended LR 451063 (8/1/2019), Amended by the Office of the Governor, Board of Pardons, LR 47358 (3/1/2021).AUTHORITY NOTE: Promulgated in accordance with R.S. 15:573.1, 15:574.12 and 44:1 et seq.