Montana Code 46-23-302. Order for hearing on application for executive clemency
46-23-302. Order for hearing on application for executive clemency. After a hearing panel has considered an application for executive clemency and has by majority vote favored a hearing or the governor has determined that a hearing is appropriate, the hearing panel shall pass an order in substance as follows:
Terms Used In Montana Code 46-23-302
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Parole: means the release to the community of a prisoner by a decision of the board of pardons and parole prior to the expiration of the prisoner's term subject to conditions imposed by the board of pardons and parole and the supervision of the department of corrections. See Montana Code 46-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
“Whereas, the Board of Pardons and Parole has officially received an application for executive clemency concerning …., a convict confined in the state prison (or concerning …., who has been found guilty of an offense committed against the laws of the state), who was convicted of the crime of…. committed at …., in the county of …., State of Montana, on the …. day of …., 20…, and sentenced for a term of …. years.
Therefore, it is ordered that …., the …. day of …., 20…, is set for the consideration of the executive clemency matter and all persons having an interest in the matter who desire to be heard either for or against the granting of the pardon, commutation, restoration of citizenship, or remission or suspension of fine or forfeiture are notified to be present at …. o’clock of that day, at …..
Further, it is ordered that a copy of this order be printed and published in the…. (here insert name of some newspaper of general circulation in the county where the crime was committed), a daily (or weekly) newspaper printed and published at …., in the county of …., once each week for 2 weeks beginning …., 20…, and ending …..”