Sec. 12.08.01.15. Commutation  


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  • A. Any inmate may request of the Commission a recommendation to the Governor that the sentence be commuted when all legal remedies are exhausted and the circumstances of the case are unusual. The Commission may entertain these requests at a parole hearing, and in its discretion may deny the request or submit it to the Governor with a recommendation. A sentence can be commuted to time served and the inmate released, or to a number of years. Once commuted, the Commission, in its discretion, may release the inmate on parole. If the Governor denies the request, it may again be resubmitted after a reasonable time.

    B. Life Cases. The Commission will recommend to the Governor a commutation of a life sentence where the case warrants special consideration or where the facts and circumstances of the crime justify special consideration, or both.