(1) When a person subject to this chapter makes an application for commutation or pardon to the Governor, a copy of the application, signed by the applicant and stating fully the grounds of the application, shall be served by the applicant upon:
(a) The convening authority; and
(b) If the applicant is in confinement, the person in charge of the place of confinement.
(2) The applicant shall present to the Governor proof by affidavit of the service.
(3) Upon receiving a copy of the application for commutation or pardon, the convening authority shall provide to the Governor, as soon as practicable, the information and records relating to the case as the Governor may request and any other information and records relating to the case that the convening authority considers relevant to the issue of commutation or pardon.
(4) Following receipt by the Governor of an application for commutation or pardon, the Governor may not grant the application for at least 30 days. Upon the expiration of 180 days following receipt of an application, if the Governor has not granted the commutation or pardon applied for, the application shall lapse. Any further proceedings for commutation or pardon in the case shall be pursuant only to further application and service. [2005 c.512 §18]
APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL
Section: Previous 398.106 398.108 398.110 398.112 398.114 398.116 398.118 398.120 398.126 398.128 398.130 398.132 398.134 398.135 398.136 NextLast modified: August 7, 2008