Iowa Admin. Code r. 205-13.6 - Commutation procedure for class "A" felons
(1)
Initial review. The
board, or its designee, will initially review an application for commutation to
determine whether the inmate is eligible to apply for commutation pursuant to
Iowa Code section 902.2. If the inmate is not
eligible to apply for commutation, the board will return the application to the
applicant.
(2)
Parole board
commutation investigation process.
a. If the applicant is eligible to apply for
commutation, the board will conduct an investigation pursuant to subrule
13.6(2).
b. The board may consider
any documents the board deems appropriate, including but not limited to the
application and attached documents; transcripts of judicial proceedings;
corrections information; and written recommendations, statements, and
interviews of the offender, public officials, victims, and witnesses.
c. The board may interview the applicant
prior to submitting the board's recommendation to the governor. The board may
interview any other person the board deems appropriate, including but not
limited to public officials, victims, and witnesses.
d. The board will attempt to provide notice
of the commutation interview to any individual who would qualify as a victim
under Iowa's victim notification law. Notice will be by regular mail to the
last-known address or by electronic mail. The notice will provide a specified
amount of time for the victim to provide a statement to the board regarding the
application for commutation.
e. The
board may hold a public hearing to receive comments from the general public on
an application for commutation. The determination to hold a public hearing to
receive public comments is solely at the discretion of the board.
(3)
Recommendation and
report.
a. Any decision to recommend
commutation for a class "A" felon will be by majority vote. The board may
continue the matter until such time as the board may determine by majority
vote.
b. The board may consider any
factor it deems appropriate when considering commutation, including but not
limited to the nature and circumstances of the crime, the number of years the
applicant has served, the applicant's previous criminal record, the applicant's
conduct while confined, the impact on the victim, and the public
interest.
c. The board will prepare
a written report of its findings and recommendations and forward its report to
the governor.
d. In making such a
recommendation, the board will also indicate the existence of any registered
victims and communicate any opinions expressed by those victims regarding
release of the inmate.
(4)
Board consideration following
commutation. The board will consider the parole and work release
prospects of any inmate whose life sentence has been commuted by the governor.
The grant of commutation does not require the board to grant parole or work
release. The board will consider parole or work release pursuant to the
standards in 205-Chapter 8.
Notes
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