CHAPTER 2. COMMUTATIONS, PARDONS, REPRIEVES, AND REMISSIONS
IC 11-9-2
Chapter 2. Commutations, Pardons, Reprieves, and Remissions
IC 11-9-2-1
Application
Sec. 1. An application to the governor for commutation ofsentence, pardon, reprieve, or remission of fine or forfeiture shall befiled with the parole board. The application must be in writing andsigned by the person seeking gubernatorial relief or by a person onhis behalf. The board may require the applicant to furnishinformation, on forms provided by the parole board, that it considersnecessary to conduct a proper inquiry and hearing regarding theapplication.
As added by Acts 1979, P.L.120, SEC.2.
IC 11-9-2-2
Recommendation of parole board to governor; notice to victim ornext of kin of victim
Sec. 2. (a) As used in this section, "victim" means a person whohas suffered direct harm as a result of a violent crime (as defined inIC 5-2-6.1-8).
(b) The parole board shall submit to the governor itsrecommendation regarding an application for commutation ofsentence, pardon, reprieve, or remission of fine or forfeiture. Beforesubmitting its recommendation, the parole board shall do all of thefollowing:
(1) Notify:
(A) the sentencing court;
(B) the victim of the crime for which the person wasconvicted (or the next of kin of the victim if the victim isdeceased or incompetent for any reason), unless the victimhas made a written request not to be notified; and
(C) the prosecuting attorney of the county where theconviction was obtained.
(2) Conduct an investigation, which must include the collectionof records, reports, and other information relevant toconsideration of the application.
(3) Conduct a hearing where the petitioner and other interestedpersons are given an opportunity to appear and presentinformation regarding the application. The hearing may beconducted in an informal manner without regard to formal rulesof evidence.
(c) The notice to a victim or the next of kin of a victim that is sentunder subsection (b)(1) must comply with the requirements fornotices to victims that are established under IC 11-13-3-3.
As added by Acts 1979, P.L.120, SEC.2. Amended by P.L.126-1985,SEC.1; P.L.134-1993, SEC.1; P.L.1-1994, SEC.42.
IC 11-9-2-3
Constitutional power of governor Sec. 3. This chapter does not limit the constitutional power of thegovernor to grant pardons, reprieves, commutations, or remissions offines and forfeitures.
As added by Acts 1979, P.L.120, SEC.2.
IC 11-9-2-4
Conditional pardon; removal of disabilities applicable to holdinghandgun permit or license
Sec. 4. The governor may issue a pardon that conditions theremoval of all disabilities applicable to holding a handgun permit orother license issued under IC 35-47-2 upon a determination by thesuperintendent of state police that circumstances have changed tosuch an extent since the pardoned conviction was entered that theapplicant for the permit or license is likely to handle handguns incompliance with the law.
As added by P.L.148-1987, SEC.1.