47-5-719 - Powers of Governor upon receipt of report. [Repealed effective July 1, 2012].
§ 47-5-719. Powers of Governor upon receipt of report. [Repealed effective July 1, 2012].
Upon receipt of the report from the Commissioner of Corrections as provided in Section 47-5-717, the Governor has the power to:
(a) Determine to be in error any conclusion of the Commissioner of Corrections that an additional advancement of the parole eligibility dates is necessary in order for the prison system population to be reduced to ninety-five percent (95%) of operating capacity, in which case no additional advancements of the parole eligibility dates shall occur;
(b) Determine that the ordering of additional advancements of the parole eligibility dates would be injurious to the public good or raises the potential of threatening the safety of the public in the state as a whole or in a particular community, in which case no additional advancement of parole eligibility dates shall occur; or
(c) Determine that an additional advancement of the parole eligibility dates is necessary in order for the prison system population to be reduced to ninety-five percent (95%) of operating capacity and order additional advancements specifying the amount of additional advancements, which shall be at least thirty (30) and not more than ninety (90) days.
If fourteen (14) days after the receipt of the report to the Governor pursuant to Section 47-5-717 including a determination of the Commissioner of Corrections that an additional advancement of the parole eligibility dates is not necessary in order for the prison system population to be reduced to ninety-five percent (95%) of operating capacity the Governor has not exercised the power provided in paragraph (c) of this section, action initiated under Section 47-5-717 is considered terminated.
If the Governor exercises a power provided under paragraph (a) or (b) of this section, he shall state the reasons for the exercise of such power in the notification of his action to the Commissioner of Corrections and the State Parole Board.
If the Governor orders additional advancements of the parole eligibility dates under this section, the amount of advancement of the parole eligibility dates must be as ordered by the Governor.
Sources: Laws, 1985, ch. 499, § 10; reenacted, 1986, ch. 413, § 136; reenacted, 1987, ch. 335, § 10; reenacted and amended, 1988, ch. 504, § 53; reenacted, 1990, ch. 315, § 10; reenacted, 1993, ch. 419, § 10; reenacted without change, Laws, 1999, ch. 537, § 10; reenacted without change, Laws, 2001, ch. 411, § 10; reenacted without change, Laws, 2002, ch. 615, § 10; reenacted without change, Laws, 2005, ch. 519, § 10; reenacted without change, Laws, 2006, ch. 395, § 10; reenacted and amended, Laws, 2008, ch. 322, § 10, eff from and after passage (approved Mar. 24, 2008.)