Review procedure -- Commutation.

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  • (1) The Board of Pardons and Parole may consider the commutation of a death sentence only to life without parole.
  • (2) Only the person who has been sentenced to death or his counsel may petition the Board of Pardons and Parole for commutation.
  • (3) The petition shall be in writing, signed personally by the person sentenced to death, and shall include a statement of the grounds upon which the petitioner seeks review.
  • (4) The state shall be permitted to respond in writing to the petition as may be established by board rules.
  • (5) The board shall review the petition and determine whether the petition presents a substantial issue which has not been reviewed in the judicial process.
  • (6) The board shall not consider legal issues, including constitutional issues, which:
    • (a) have been reviewed previously by the courts;
    • (b) should have been raised during the judicial process; or
    • (c) if based on new information, are subject to judicial review.
  • (7)
    • (a) If the board does not find a substantial issue, the board shall deny the hearing to the petitioner.
    • (b) If the board finds a substantial issue, the board shall conduct a hearing in which the petitioner and the state may present evidence and argument as may be provided by board rules.




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