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 of
sentence, pardon, reprieve, or remission of fine or forfeiture shall be
filed with the parole board. The application must be in writing and
signed by the person seeking gubernatorial relief or by a person on
his behalf. The board may require the applicant to furnish
information, on forms provided by the parole board, that it considers
necessary to conduct a proper inquiry and hearing regarding the
application.
As added by Acts 1979, P.L.120, SEC.2.
IC 11-9-2-2
Recommendation of parole board to governor; notice to victim or
next of kin of victim
Sec. 2. (a) As used in this section, "victim" means a person who
has suffered direct harm as a result of a violent crime (as defined in
IC 5-2-6.1-8).
(b) The parole board shall submit to the governor its
recommendation regarding an application for commutation of
sentence, pardon, reprieve, or remission of fine or forfeiture. Before
submitting its recommendation, the parole board shall do all of the
following:
(1) Notify:
(A) the sentencing court;
(B) the victim of the crime for which the person was
convicted (or the next of kin of the victim if the victim is
deceased or incompetent for any reason), unless the victim
has made a written request not to be notified; and
(C) the prosecuting attorney of the county where the
conviction was obtained.
(2) Conduct an investigation, which must include the collection
of records, reports, and other information relevant to
consideration of the application.
(3) Conduct a hearing where the petitioner and other interested
persons are given an opportunity to appear and present
information regarding the application. The hearing may be
conducted in an informal manner without regard to formal rules
of evidence.
(c) The notice to a victim or the next of kin of a victim that is sent
under subsection (b)(1) must comply with the requirements for
notices 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 the
governor to grant pardons, reprieves, commutations, or remissions of
fines and forfeitures.
As added by Acts 1979, P.L.120, SEC.2.
IC 11-9-2-4
Conditional pardon; removal of disabilities applicable to holding
handgun permit or license
Sec. 4. The governor may issue a pardon that conditions the
removal of all disabilities applicable to holding a handgun permit or
other license issued under IC 35-47-2 upon a determination by the
superintendent of state police that circumstances have changed to
such an extent since the pardoned conviction was entered that the
applicant for the permit or license is likely to handle handguns in
compliance with the law.
As added by P.L.148-1987, SEC.1.