RULE 004.00.91-025 - Pardons and Commutation of Sentences
RULE 004.00.91-025. Pardons and Commutation of Sentences
1305 Pardons and Commutation of Sentences
The authority to promulgate this Administrative Regulation is vested in Act 50 of 1968, First Extraordinary Session, as amended; and Act 706 of 1991, Regular Session.
To provide notice to victim(s) and victim(s') next of kin and an opportunity for them to be heard when considering requests for pardons and commutations of sentences.
To Field Services staff and any other employees involved in the processing of pardons and commutations.
A. Pardon: The deliverance of a convicted person from punishment dealt by the courts and restoration of their civil rights by order of the Governor of the State of Arkansas.
B. Commutation: A reduction in a convicted person's penalty (i.e., length of sentence) to a less severe penalty.
The pardon or commutation of a person convicted of Capital Murder or of a Class Y, Class A, or Class B felony may be granted only after proper notification has been ensured.
When considering the pardons or commutations of persons convicted of Capital Murder or a Class Y, Class A, or Class B felony, the following procedures shall be followed:
A. Filing of Application
Copies of applications shall be filed with:
1. Secretary of State;
2. Attorney General;
3. Sheriff of the county in which the offense was committed;
4. Prosecuting attorney of the judicial district in which the applicant was found guilty and sentenced;
5. Circuit judge presiding over the proceedings at which the applicant was found guilty and sentenced; and
6. Victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney.
B. Legal Notice
If the application involves a conviction for Capital Murder, the application shall be published by two insertions, separated by a minimum of seven days, in a newspaper of general circulation in the county(ies) in which the offense(s) of the applicant were committed.
Board of Correction Approval Date: 12/4/91
Attorney General Review Date: 12/4/91
Date Filed Secy, of State: 12/5/91(12/6/1991)
The following state regulations pages link to this page.