La. Admin. Code tit. 22 § V-211

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-211 - Hearings before the Pardon Board

A. The board shall meet on regularly scheduled dates as determined by it, and at such other times as the chairman may determine are necessary for the purpose of reviewing and taking action on clemency applications before it and to transact such other business as it deems necessary. The meeting calendar shall be made available to the public. The hearing dates shall also be posted on the website maintained by the board.

B. After receipt of all documents required by §203 and the clemency investigation from the appropriate probation and parole district, the board shall set the matter for public hearing.

C. At least 60 days prior to public hearing date, the board shall give written notice of the date, time, and place to the following:

1. the district attorney and sheriff of the parish in which the applicant was convicted and, in Orleans Parish, the superintendent of police;

2. the applicant;

3. the direct victim or the spouse or next of kin of the deceased victim. The notice is not required when the victim, or the spouse or next of kin of a deceased victim advises the board, in writing, that such notification is not desired;

4. the attorney general; and

5. any other interested person who notifies the Board of Pardons, in writing, giving name and return address.

D. The direct victim, the guardian of the victim, or close relative of a deceased victim shall have the right to make a written or oral statement as to the impact of the crime.

E. The direct victim, the guardian of the victim, or close relative of a deceased victim or a victim's advocacy group, and the district attorney or his representative may also appear before the panel by means of teleconference or telephone communication.

1. Only three persons in favor and three in opposition, representing the victim/victim's family member, will be allowed to speak either in person, via phone, or via videoconferencing during the clemency hearing. Any person making an oral presentation to the board, either in favor or opposed, will be allowed a maximum of five minutes.

2. The district attorney representing the State and the applicant's attorney will each be allowed a maximum of ten minutes for oral presentation to the board.

F. There is no limit on written correspondence in favor of and/or opposition to the applicant's request. a candidate for parole release or an applicant for clemency.

G. The board shall provide notice to the Department of Public Safety and Corrections and Crime Victims Services Bureau at least 30 days prior to the pardon hearing.

H. If an applicant is requesting commutation of sentence, and is released from custody and/or supervision prior to the public hearing date, the case will be closed without notice to the applicant. The applicant may reapply two years from the date of release.

I. The applicant's failure to attend and/or notify the board of his/her inability to attend the hearing will result in an automatic denial. The applicant may reapply two years from the date of the scheduled hearing. Lifers who fail to attend and/or advise of inability to attend may reapply in five years.

J. Four members of the board shall constitute a quorum for the transaction of business, and all actions of the board shall require the favorable vote of at least four members of the board.

1. If a favorable clemency recommendation is reached during a pardon hearing, any other specific recommendation regarding clemency (i.e., restoration of firearms privileges, commutation of sentence to a specified number of years, commutation of sentence with or without parole eligibility) shall be based on a majority vote of those members who voted to recommend clemency.

La. Admin. Code tit. 22, § V-211

Promulgated by the Office of the Governor, Board of Pardons, LR 39:2256 (August 2013), Amended LR 421088 (7/1/2016), Amended by the Office of the Governor, Board of Pardons and Committee on Parole, LR 4346 (1/1/2017), Amended by LR 44574 (3/1/2018), Amended LR 442140 (12/1/2018), Amended by the Office of the Governor, Board of Pardons and Committee on Parole, LR 47359 (3/1/2021), Amended LR 471107 (8/1/2021), Amended LR 501266 (9/1/2024).

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