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Vermont
Applicable Form of Executive Clemency: Conditional Pardon
The power to pardon possessed by the Governor is exclusive and conferred
upon the office by the Vermont Constitution, which states the Governor "shall
have power to grant pardons and remit fines in all cases whatsoever…" (Vermont
Constitution, Chapter II, 20).
Eligibility: All inmates are eligible to apply. See the Vermont State Fact Sheet on Pardons
Application Process: Applications are available upon request. Inmates,
or someone acting on their behalf, should send a letter expressing their
desire to receive a conditional pardon and the reasons why they feel it
should be granted to:
Governor James Douglas
109 State Street, Pavilion
Montpelier, VT 05609-0101
Tel: (802) 828-3333
Toll free: (800) 649-6825
Click here to view the application
form. The form is for sample purposes only. All petitions must be filed
on forms requested from the Governor. Failure to request forms from the
Governor may lead to rejection of the application.
The application should be typed or clearly printed. All questions must be
answered, marking non-applicable questions with "n/a." If the space provided
is not sufficient to complete your answers, or if you wish to furnish additional
information, attach extra sheets and number answers to correspond with the
questions. The application must be notarized.
The completed application should be returned to the Governor's address.
A separate letter that indicates the application is for a "conditional pardon"
should be included with the submission.
By submitting the application, the inmate consents to the release of his
or her record to the Governor, and to the public release of his or her name.
The Governor's office will send a letter to the Commissioner of Corrections
to initiate a conditional pardon investigation. The Commissioner of Corrections,
after review, may assign the investigation to the appropriate Area Manager.
The Area Manager will instruct the Facility Superintendent to conduct an
investigation to determine if cause exists to require a hearing on the conditional
pardon application. If cause exists, the Facility Superintendent will recommend
to the Area Manager that a hearing be held. The Area Manager reviews the
investigation report, measuring the information gathered against the compelling
reason for the applicant's request, the guidelines for a compelling reason
to grant a pardon, and pardon policy and procedures. At this time, he or
she reviews the entire case. The Area Manager sends to the Commissioner
a memo stating the rationale for a positive or negative recommendation for
the conditional pardon. The Commissioner reviews the case and rationale
from the Area Manager for a positive or negative recommendation on the conditional
pardon, and measures this against the applicant's request and the compelling
reason for granting a conditional pardon. The Commissioner will forward
the Department of Corrections (DOC) recommendation to the Governor. If the
recommendation is positive, the Commissioner will present written rationale
for his or her decision. If the recommendation is negative, the Commissioner
will forward the case, with a letter expressing his or her position, to
the Governor and the Secretary of Civil and Military Affairs. The DOC's
investigation is to be completed within 30 days after it is assigned to
the Area Manager.
The Governor reviews the DOC's recommendation and the inmate's file before
making a decision. Section 12 of the DOC's Probation and Parole Manual,
which is devoted to pardon investigations, states, "The Governor will determine
if a hearing will be held and if an investigating officer from the department
or the Parole Board will hold a hearing." As of March 19, 2002, no specifics
pertaining to hearings were available. The Governor's office reports it
has never handled a hearing.
If the Governor's decision is to not grant a conditional pardon, a letter
is sent to the applicant expressing the rationale. A copy is sent to the
Commissioner.
If a conditional pardon is granted to an inmate eligible for parole, the
Governor will sign the original and one copy of the pardon documents. All
other copies may be stamped with his signature. If a conditional pardon
is granted to an inmate not eligible for parole, the applicant will be placed
on parole and be subject to all the conditions of parole, plus any additional
conditions issued by the Governor. The period of supervision will be to
the expiration date of the original sentence. The Parole Board will act
as an advisory body in any matter to hear and make recommendations to the
Governor should any alleged violation of the conditions occur.
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: 01.19.07 |