R671-313-4. Petition Procedures

(1)(a) Within six months of receipt of the petition, the Board may either deny the commutation petition without a hearing; request a response from the original prosecuting agency, Attorney General's Office, or the person whose conviction(s) or sentence(s) are sought to be commuted; or grant a commutation hearing in order to further consider the petition. The Board may, on it's own motion, extend the time for preliminary consideration of the petition.

(b) There is no right to a commutation hearing, and the Board retains complete and absolute discretion to determine whether to grant a hearing on the commutation petition.

(2) The Board, after considering the commutation petition, may deny the petition without further pleadings, response, hearing or submissions. If the Board denies a commutation petition without hearing, it shall notify the petitioner and counsel, if represented, and the original prosecuting agency, either by mail or electronic mail.

(3) Upon receipt of a commutation petition, filed by the subject or counsel, the Board may request a response to the petition from the Attorney General, District Attorney, County Attorney or City Attorney whose office or agency originally prosecuted the count(s), charge(s) or case resulting in the conviction and sentence for which commutation is sought; and from any Attorney General, District Attorney, County Attorney or City Attorney whose office represented the prosecuting agency or office in relation to any appeal or post-conviction litigation regarding any conviction or sentence which is the subject of the commutation petition (hereinafter referred to as the "State's response").

(4) If requested prior to the Board scheduling a commutation hearing, the State's response shall be filed with the Board within sixty (60) days of the Board's request, and shall clearly specify whether the responding agency opposes or supports the relief requested in the petition. The State's response shall also include all statements and arguments which form the basis of any opposition to the petition; and shall include all written evidence; the names of all witnesses; and a summary of the anticipated testimony upon which the responding agency intends to rely to challenge or oppose the petition. Following receipt of the State's response, the Board may request either the subject or the State to provide additional information.

(5) The Board, after considering the original commutation petition, and any requested response, may grant a commutation hearing, or may deny the petition without further pleadings, response, hearing or submissions. If after receiving the State's response, the Board denies a commutation petition without hearing, it shall notify the petitioner, counsel, and responding counsel, either by mail or electronic mail.

(6) If the Board grants a commutation hearing:

(a) Within ten calendar days of receiving the Board's order granting a commutation hearing, the subject or his counsel shall serve a copy of the commutation petition and all attachments upon the Attorney General, District Attorney, County Attorney or City Attorney whose office or agency originally prosecuted the count(s), charge(s) or case resulting in the conviction for which commutation is sought.

(b) If any appeal from the conviction was filed, the subject or his counsel shall also serve a copy of the commutation petition and all attachments upon the Attorney General, District Attorney, County Attorney or City Attorney whose office represented the prosecuting agency or office in relation to the appeal.

(c) If any post-conviction litigation was pursued on behalf of the petitioner or which challenged the conviction or sentence for which commutation is petitioned, the subject or his counsel shall also serve a copy of the commutation petition and all attachments upon the Attorney General, District Attorney, County Attorney or City Attorney whose office represented State, county or municipality in relation to the post-conviction litigation.

(d) Proof and verification of all service of pleadings as required herein shall be filed with the Board within seven calendar days of accomplishing such service.

(7)(a) The original prosecuting agency, and any other office which represented the State, a county or a municipality in relation to the conviction, sentence, appeal or post-conviction litigation regarding the conviction or sentence which are the subject of the commutation petition may, within sixty (60) days of receiving a copy of the petition, file a response to the commutation petition with the Board.

(b) The State's response shall be delivered, either by mail, electronic mail or hand delivery to the petitioner and his counsel, if represented. Proof of such service shall be filed with the Board within seven calendar days of accomplishing such service.

(c) The State's response to the petition shall clearly specify if the responding agency opposes or supports the relief requested in the commutation petition. The response shall also include all statements and arguments which form the basis of any opposition to the commutation petition; and shall include all written evidence; the names of all witnesses; and a summary of the anticipated testimony upon which the responding agency intends to rely to challenge or oppose the petition. Following receipt of the State's response, the Board may request either the petitioner or the State to provide additional information.

(8) If the Board grants a commutation hearing, the Board Chair or designee will schedule and hold a pre-hearing conference at which time the Board, after hearing from the parties, will schedule the commutation hearing; identify and set the witnesses to be called; clarify the issues to be addressed; and take any other action deemed necessary and appropriate to conduct the commutation proceedings.