Section 791.7760. Pardons, reprieves, and commutations.

Rule 760. (1) A person who is convicted of a crime may apply for a pardon, reprieve, or commutation by filing  a   notarized  copy  of   the appropriate application with the  parole   board.  The  application   shall  contain  all  of  the  following information:

(a)   Date of conviction and sentence imposed for the crime for which the person is seeking clemency.

(b)   Personal history, including all of the following information:

(i)   Age.

(ii)   Citizenship.

(iii)   Marital status.

(iv)   Number of dependents.

(v)   If on parole or discharged from sentence, employment history and character references.

(c)   Criminal record.

(d)  Circumstances of crime for which the person is seeking clemency.

(e)   Reasons for seeking clemency.

(f)  Other relevant information requested by the parole board.

(2)   Upon receipt of an application for pardon, reprieve, or commutation, the parole board shall handle the application pursuant  to   the  procedures contained in section 44 of Act No. 232 of the Public Acts of 1953, as amended, being S791.244 of the Michigan Compiled Laws,  except  that   the parole  board  is   not  required   to  act upon an application that  is substantially identical to one which has been denied within 2  years  of  the date of the present application.

(3)      If a public hearing is held on an application for pardon, reprieve, or commutation, notice of the hearing shall  be   provided  as  set  forth   in section 44(2)(g) of Act No. 232 of the Public Acts of 1953, as amended, being S791.244(2)(g) of the Michigan Compiled  Laws,  and   shall   also   be provided to the public press.

(4)   If a public hearing is held, it shall be conducted by at least 1 member of the parole board  who  will  be  involved  in  the  formal recommendation to grant or deny the application for pardon, reprieve, or commutation. The parole board shall give liberal  construction   to   any technical rules of evidence.

(5)   At a public hearing on the applicant's petition for pardon, reprieve, or commutation, the applicant may testify and present relevant witnesses and oral documentary evidence. The applicant may be represented by retained or appointed counsel. The public shall be represented by the department of attorney general. The presiding parole board member shall summarize all statements and documents presented both for  and  against   the application for clemency.

(6)    A person who is a victim of the applicant's offense, as defined in section 2(l)(i) of Act No. 87 of the Public Acts of  1985,  as   amended, being S780.752(l)(i) of the Michigan Compiled Laws, shall be given an opportunity to address and be questioned by the parole board or if a public hearing is conducted, to submit written testimony. The victim shall be given notice if a reprieve, commutation, or pardon has been granted.

History: 1979 AC; 1988 AACS; 1996 AACS.