Applicable Form of Executive Clemency: Commutation of Sentence
Eligibility: Executive clemency may be recommended for a person who:
- Can satisfactorily prove innocence of a crime for which the person is serving time.
- Has demonstrated exemplary performance.
- Suffers from terminal illness or a chronic disability.
- Can prove that further incarceration is grossly unfair.
- Can prove that extraordinary mitigating or extenuating circumstances exist.
Unless the Board of Pardons and Parole otherwise orders or there has been a substantial changes in circumstances, as determined by the Board, a person may not reapply for executive clemency for a period of 36 months.
Application Process: Application forms are available from:
State of Montana
Board of Pardons and Parole
1002 Hollenbeck Road
Deer Lodge, MT 59722
Tel: (406) 846-1404
Fax: (406) 846-3512
Applications are also available online here.
Applicants must submit to the Board of Pardons and Parole at the above address a completed application for executive clemency and three letters of recommendation from persons with whom they are acquainted. Once the application is received, the Board will request a parole officer's report and FBI rap sheet. The application will then be set for review, and you will be notified of the outcome of that review.
Applications must be in writing and signed by the applicant, and filed with the Executive Director of the Montana Board of Pardons and Parole. Applications may be filed only by the person convicted of the crime, the person's attorney acting on the person's behalf and with his/her consent, or a court-appointed next friend, guardian, or conservator acting on the person's behalf.
If the Board determines that sufficient cause appears, a public hearing will be scheduled. The Board will hear all relevant facts and information of the petitioner, his/her counsel, witnesses, and opponents. Upon conclusion of the hearing, the Board will take the entire case under consideration and issue recommendation. If the recommendation is favorable, it will be forwarded to the Governor for final determination.
If granted, a commutation may be conditional, and if the conditions are not complied with, commutation may be revoked.
All information relating to the applicant's crime is public information and may be released to the news media, if requested by them.
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 firstname.lastname@example.org.
Last Updated: 06/23/14