5120:1-1-15 Pardon, reprieve and commutation of sentence.

(A) All applications for pardon, reprieve or commutation of sentence shall be made in writing to the chief of the adult parole authority.

(B) When an application for a pardon, reprieve or commutation of sentence is filed with the chief of the adult parole authority, the authority shall conduct such investigation as is necessary and make a recommendation to the governor. A hearing may be held at the discretion of the parole board. Such hearing if held, shall be before at least a majority of the members of the parole board.

(C) At least three weeks prior to any hearing held to consider pardon, reprieve or commutation of sentence, notice of such hearing shall be sent to the prosecuting attorney and the judge of the court of common pleas of the county in which the indictment against the applicant was found, and, if required by section 2967.12 of the Revised Code, to the victim or victim’s representative. Where there is more than one judge of the court of common pleas, the notice shall be sent to the presiding judge.

(D) Such notice shall contain the following:

(1) The name of the applicant;

(2) The crime for which the applicant was convicted;

(3) The date of conviction;

(4) The term of sentence.

(E) In the event the hearing is continued, notice of such continuance and the date of the continued hearing shall be sent to all interested parties at least ten days prior to the date of the continued hearing, except as it relates to notice to the victim or victim’s representative; then paragraph (C) of this rule shall be followed.

(F) In the event the decision of the parole board is to recommend for or against pardon, reprieve, or commutation of sentence, such recommendation shall be forwarded to the govenor, together with a brief statement of the facts, the grounds for such recommendation, and the record or minutes of the case.

(G) The decision of the parole board to recommend for or against pardon, reprieve or commutation of sentence shall be within its sole discretion and shall not be subject to administrative review.

(H) If the adult parole authority receives an application for pardon, commutation or reprieve for a person for whom executive clemency was denied less than two years earlier than the date the subsequent application was received, and the authority does not believe that the application contains any grounds that were not or could not have been presented in the earlier application, the parole authority may forward the application to the governor with the recommendation that it be denied on the basis of the earlier review and denial. In such a case, no hearing and no further investigation shall be necessary unless specifically requested by the governor.

(I) The adult parole authority shall consider a case for pardon or commutation only upon the application of the convicted person or his counsel or at the direction of the governor.

HISTORY: Eff 10-15-75; 7-1-93 (Emer.); 9-13-93; 4-1-05

Promulgated Under: 111.15

Statutory Authority: 5120.01

Rule Amplifies: 2967.03, 2967.07, 2967.12, 5149.10.

R.C. 119.032 review dates: 01/12/2005 and 01/12/2010