31-402

31-402. Powers of board; powers and duties of
governor; powers and duties of executive director

A. For all persons who committed felony offenses before January 1, 1994, the board
of executive clemency shall have exclusive power to pass upon and recommend reprieves,
commutations, paroles and pardons. No reprieve, commutation or pardon may be granted by
the governor unless it has first been recommended by the board.

B. For all persons who committed felony offenses before January 1, 1994, all
applications for reprieves, commutations and pardons made to the governor shall be at
once transmitted to the chairman of the board, and the board shall return the
applications with its recommendation to the governor. All applications for reprieves,
commutations and pardons made to the governor shall include documentation that the victim
or the victim's family was notified pursuant to section 31-411, subsection H.

C. For all persons who committed felony offenses on or after January 1, 1994, in
addition to the powers and duties prescribed in subsection A of this section, the board
of executive clemency:

1. Is vested with the powers and duties of the board of pardons and paroles as they
existed before January 1, 1994 to carry out the provisions of articles 3 through 7 of
this chapter.

2. After a hearing for which the victim, county attorney and presiding judge are
given notice and an opportunity to be heard, may make recommendations to the governor for
commutation of sentence after finding by clear and convincing evidence that the sentence
imposed is clearly excessive given the nature of the offense and the record of the
offender and that there is a substantial probability that when released the offender will
conform the offender's conduct to the requirements of the law.

3. Shall receive petitions from individuals for whom the court has entered a
special order allowing the person to petition the board pursuant to section 13-603,
subsection L and may make recommendations to the governor.

4. Shall receive petitions from individuals, organizations or the department for
review and commutation of sentences and pardoning of offenders in extraordinary cases and
may make recommendations to the governor.

5. Shall receive petitions from the state department of corrections alleging that
an offender has violated the offender's terms and conditions of community supervision and
has lapsed or is probably about to lapse into criminal ways or company. If the board
determines that an offender on community supervision has violated the terms and
conditions of community supervision the board may do any of the following:

(a) If the offender has not committed an additional offense, place the offender on
electronic monitoring and order the offender to participate in a community accountability
program pursuant to section 41-1609.05.

(b) Revoke community supervision and return the offender to prison for the
remainder of the offender's community supervision.

(c) Impose additional terms and conditions on the offender while keeping the
offender on community supervision. If there is reasonable cause to believe that an
offender who has been kept on community supervision has violated any term or condition of
community supervision, any member of the board may petition the board to revoke community
supervision. After a petition to revoke has been submitted, the chairman may issue a
summons directing the offender to appear on a specified date for a revocation hearing or
may issue a warrant for the offender's arrest. Nothing in this subsection limits the
state department of corrections' authority with respect to submitting revocation
petitions or issuing revocation warrants.

D. Any recommendation for commutation that is made unanimously by the members
present and voting and that is not acted on by the governor within ninety days after the
board submits its recommendation to the governor automatically becomes effective.

E. The executive director shall perform all administrative, operational and
financial functions for the board.

F. The executive director may employ case analysts as deemed necessary within the
limits of legislative appropriation. The analyst shall aid the board in making
investigations, in securing information and in performing necessary administrative
functions to assist the board in passing upon applications for parole and commutation.

G. The executive director may employ hearing officers as deemed necessary within
the limits of legislative appropriation. The hearing officers shall conduct probable
cause hearings on parole, work furlough and home arrest revocations or
rescissions. Hearing officers shall assist the board in making investigations, securing
information and performing necessary administrative functions.