The director of the department of corrections and rehabilitation or the director’s designee shall serve as the pardon clerk under this chapter. The pardon clerk shall:

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Terms Used In North Dakota Code 12-55.1-05

  • Commutation: means the change of the punishment to which a person is sentenced to a less severe punishment. See North Dakota Code 12-55.1-01
  • Conditional pardon: means a pardon, commutation, reprieve, or remission of fine subject to terms and conditions established by the governor upon the recommendation of the pardon advisory board. See North Dakota Code 12-55.1-01
  • Department: means the department of corrections and rehabilitation. See North Dakota Code 12-55.1-01
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Pardon: means the removal of punishment or custody imposed upon a person for the commission of an offense. See North Dakota Code 12-55.1-01
  • Remission of fine: means a release or partial release of a fine. See North Dakota Code 12-55.1-01
  • Reprieve: means a temporary relief from or postponement of the execution of a criminal sentence. See North Dakota Code 12-55.1-01

1.    Maintain a register of all applications filed for commutation, reprieve, pardon, conditional pardon, or remission of fine and shall maintain a complete and accurate record of all proceedings in connection with the applications, including all correspondence, documents, evidence, and appearances made in connection with the application.

2.    Conduct investigations, employ psychologists, psychiatrists, or other specialists necessary for the determination of matters before the pardon advisory board or the     governor under this chapter, and perform other duties in connection with matters under this chapter as may be requested by the pardon advisory board or the governor.

3.    Maintain a record of every commutation, reprieve, pardon, conditional pardon, or remission of fine granted or refused, along with the reasons for each action.