37 Tex. Admin. Code § 143.57 - Commutation of Death Sentence to Lesser Penalty
(a) The Board will consider recommending to
the Governor a commutation of death sentence to a sentence of life imprisonment
or the appropriate maximum penalty that can be imposed upon receipt of:
(1) a request from the majority of the trial
officials of the court of conviction; or
(2) a written request of the offender or
representative setting forth all grounds upon which the application is based,
stating the full name of the offender, the county of conviction, the execution
date, and contain the information outlined in §
143.42(1) - (6)
of this chapter (relating to Reprieve Recommended by the Board).
(b) The written application in
behalf of an offender seeking a Board recommendation to the Governor of
commutation of the death sentence to a lesser penalty shall be addressed to the
Texas Board of Pardons and Paroles and must be delivered to the Texas Board of
Pardons and Paroles, Clemency Section, 8610 Shoal Creek Boulevard, Austin,
Texas 78757, not later than the twenty-first calendar day before the day the
execution is scheduled. If the twenty-first calendar day before the execution
is scheduled falls on a weekend or state observed holiday, the application
shall be delivered not later than the next business day.
(c) All supplemental information not filed
with the application, including but not limited to amendments, addenda,
supplements, or exhibits, must be submitted in writing and delivered to the
Texas Board of Pardons and Paroles, Clemency Section, 8610 Shoal Creek
Boulevard, Austin, Texas 78757, not later than the fifteenth calendar day
before the execution is scheduled. If the fifteenth calendar day before the
execution is scheduled falls on a weekend or state observed holiday, all
additional information including but not limited to amendments, addenda,
supplements, or exhibits shall be delivered not later than the next business
day.
(d) The application and any
information filed with the application, including but not limited to
amendments, addenda, supplements, or exhibits, must be provided by the
applicant in an amount determined by the Presiding Officer.
(e) An offender seeking a Board
recommendation to the Governor of commutation of the death sentence to a lesser
penalty may request an interview with a member of the Board. Such request shall
be included in the written application or any supplement filed therewith in
accordance with this section.
(f)
Upon receipt of a request for an interview, the Presiding Officer (Chair) shall
designate at least one member of the Board to conduct the requested interview.
Such interview shall occur at the confining unit of TDCJ-CID. Attendance at
such interviews shall be limited to the offender, the designated Board
Member(s), Board staff, and TDCJ-CID staff. The Board may consider statements
made by the offender at such interviews and any other materials the offender
delivers to the Board Member during the interview when considering the
offender's application for commutation of the death sentence to a lesser
penalty.
(g) The Board shall
consider and decide applications for commutation of the death sentence to a
lesser penalty. Upon review, a majority of the Board, or a majority thereof, in
written and signed form, may:
(1) recommend to
the Governor the commutation of the death sentence to a lesser
penalty;
(2) not recommend
commutation of the death sentence to a lesser penalty; or
(3) set the matter for a hearing pursuant to
§
143.43 of this chapter (relating
to Procedure in Capital Reprieve Cases).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.