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Old 12-28-2010, 03:25 PM   #14
Slickcraft
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There is a mandated process which includes obtaining the advice of the Governor's Council.
Quote:
Pardons; Commutations; and Reprieves
Section 4:21
4:21 Petitions for Pardon or Commutation of Sentence. – On all petitions to the governor and council for pardon or commutation of sentence written notice thereof shall be given to the state's counsel, and such notice to others as the governor may direct; and the prosecuting officer may be required to furnish a concise statement of the case as proved at the trial and any other facts bearing on the propriety of granting the petition.
Source. GS 18:3. GL 19:3. PS 20:3. PL 19:4. RL 27:5.
Section 4:22
4:22 Commissioner of Corrections to Report on. – In all cases where the petition is for the pardon of a person serving a sentence in the state prison, the commissioner of corrections shall make a report upon the petition before it is referred to the council.
Source. 1931, 117:1. RL 27:9.
Section 4:23
4:25 Conditional Pardons. – The governor, with the advice of the council, may, upon petition of a prisoner, grant him a pardon subject to such conditions as the governor considers proper, but a prisoner so pardoned shall, during the unexpired term of his sentence, violate no law, and he shall be in the custody of the state parole officer. The governor may issue his warrant to all proper officers to carry such pardon into effect and such warrant shall be obeyed and executed instead of the sentence originally imposed.
Source. 1931, 117:1. RL 27:8.
Section 4:26
4:26 Breach of Condition. – If a prisoner violates any of the conditions of his pardon, the warden, superintendent, or keeper of the institution in which the prisoner was confined shall forthwith cause him to be arrested and shall give written notice to the governor and council of such arrest.
Source. 1931, 117:1. RL 27:10.
Section 4:27
4:27 Procedure After Arrest. – The prisoner so arrested shall be returned forthwith to the institution from which he was released, and there confined for the unexpired term of his sentence unless the governor, with the advice of the council, after a hearing at the prisoner's request, shall otherwise order.
Source. 1931, 117:1. RL 27:11.
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