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North Dakota

Applicable form of Executive Clemency: Commutation of Sentence

Eligibility: Inmates who are eligible for parole are not eligible to apply for a commutation of sentence. Completing and returning an application does not create eligibility for Pardon Advisory Board consideration. If relief is denied, the applicant may not reapply for one year, or a longer period, if determined by the Pardon Advisory Board.

Application Process: Brief application instructions are available here and a sample application is availible here. However, applications should be obtained by contacting:

Office of the Governor
State of North Dakota
600 E. Boulevard Ave.
Bismarck, ND 58505
Tel: (701) 328-2200
Fax: (701) 328-2205

The Pardon Advisory Board meets the first Tuesday in April and November. Applications should be requested at least 90 days prior to the Pardon Advisory Board meeting. Applications must be returned to the Board ten weeks prior to the Board's meeting at the following address:

Pardon Advisory Board
Box 5521
Bismarck, ND 58506
Tel: (701) 328-6192
Fax: (701) 328-6186

Click here for the North Dakota Pardon Advisory Board website.

The sentencing judge and the state's attorney will be notified of the commutation of sentence request. The Institutional Offender Services Program staff conducts an investigation and produces a sentencing report. This information, along with the application and the responses of the judge, the state attorney, and any victims, is forwarded to Board members for review six weeks prior to the meeting.

Applicants are immediately notified of the Board's recommendation to the Governor. The Governor's office follows up by sending a letter notifying the applicant of the Governor's decision. If the Governor has granted an application for commutation of sentence, the Governor may reconsider the decision any time before the applicant is released from the facility. The Governor may reconsider a decision on an application if the reconsideration is made within 30 days of the initial decision. A decision made on reconsideration may not be reviewed by any court.

Every effort has been made to make this information accurate and up-to-date. Errors are inevitable and changes occur frequently. We would appreciate learning of any errors or inaccuracies regarding any information on this Webpage as soon as possible. Please write to info@cjpf.org

Last Updated: 01.17.07