Subdivision 1.Frequency.

(a) The board must meet at least two times each year to consider and vote on clemency applications.

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Terms Used In Minnesota Statutes 638.16

  • Chair: includes chairman, chairwoman, and chairperson. See Minnesota Statutes 645.44
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(b) If the commission recommends that an application receive a hearing, the board must hold a hearing on the application unless all the board members decline a hearing.

(c) If the commission recommends that an application not receive a hearing, the board must not hold a hearing on the application unless at least one board member requests a hearing.

Subd. 2.When open to the public.

All board meetings are open to the public as provided under chapter 13D, but the board may hold closed meetings:

(1) as provided under chapter 13D; or

(2) as necessary to protect sensitive or confidential information, including (i) a victim’s identity, and (ii) sensitive or confidential victim testimony.

Subd. 3.Executive director; attendance required.

Unless excused by the board, the executive director and the commission’s chair or vice-chair must attend all board meetings.

Subd. 4.Considering statements.

(a) Applicants, victims, law enforcement agencies, and the public may submit oral or written statements at a board meeting only if the application is subject to a hearing under subdivision 1.

(b) The board must take into account any statements provided to the commission when considering a clemency application.