# Title 12 — Corrections, Parole, and Probation

## Chapter 12-55.1 — Pardon Advisory Board

### § 12-55.1-01. Definitions.

In this title, unless the context otherwise requires:
1. "Commutation" means the change of the punishment to which a person is sentenced
to a less severe punishment.
2. "Conditional pardon" means a pardon, commutation, reprieve, or remission of fine
subject to terms and conditions established by the governor upon the recommendation
of the pardon advisory board.
3. "Department" means the department of corrections and rehabilitation.
4. "Pardon" means the removal of punishment or custody imposed upon a person for the
commission of an offense. A pardon does not remove the fact of that person's
conviction or plea or finding of guilt for an offense unless specifically stated in the
certificate of pardon.
5. "Remission of fine" means a release or partial release of a fine.
6. "Reprieve" means a temporary relief from or postponement of the execution of a
criminal sentence.
### § 12-55.1-02. Pardon advisory board - Membership.

The governor may appoint a pardon advisory board to consist of five members including the
attorney general and two members of the parole board. The governor shall appoint two persons
who are residents and citizens of this state to the remaining two positions. The governor shall
appoint a chairperson from within the membership of the pardon advisory board. The governor
may dissolve the pardon advisory board at any time. The members appointed by the governor
are entitled to be paid compensation and expenses at the same rate paid to members of the
legislative assembly. The board shall provide information and make recommendations to the
governor concerning any matters before the governor under this chapter.
### § 12-55.1-03. Pardon advisory board meetings - Rules.

If the governor appoints a pardon advisory board, the pardon advisory board may adopt
rules necessary to govern its proceedings, including the time and place of meetings of the
board. The governor may call meetings of the pardon advisory board as the governor deems
necessary to carry out the board's duties.
### § 12-55.1-04. Governor may remit fines and grant commutations, pardons, and

reprieves.
The governor has the power to remit fines and grant commutations, reprieves, pardons, and
conditional pardons after judgment of conviction. If the governor grants a conditional pardon, the
pardon must state the terms and conditions of the pardon. The governor shall sign every
commutation, reprieve, pardon, conditional pardon, or remission of fine granted by the governor.
The recommendations of the pardon advisory board and the determination of the governor are
not reviewable by any court.
### § 12-55.1-05. Pardon clerk - Duties.

The director of the department of corrections and rehabilitation or the director's designee
shall serve as the pardon clerk under this chapter. The pardon clerk shall:
1. Maintain a register of all applications filed for commutation, reprieve, pardon,
conditional pardon, or remission of fine and shall maintain a complete and accurate
record of all proceedings in connection with the applications, including all
correspondence, documents, evidence, and appearances made in connection with the
application.
2. Conduct investigations, employ psychologists, psychiatrists, or other specialists
necessary for the determination of matters before the pardon advisory board or the

governor under this chapter, and perform other duties in connection with matters under
this chapter as may be requested by the pardon advisory board or the governor.
3. Maintain a record of every commutation, reprieve, pardon, conditional pardon, or
remission of fine granted or refused, along with the reasons for each action.
### § 12-55.1-06. Application for commutation, reprieve, pardon, conditional pardon, or

remission of fine.
An application for commutation, reprieve, pardon, conditional pardon, or remission of fine
must be made with the pardon clerk on a form prescribed by the clerk and in accordance with
any rules adopted under this chapter.
### § 12-55.1-07. Notice of application.

The pardon clerk shall provide written notice of an application for a commutation, reprieve,
pardon, conditional pardon, or remission of fine to the district court and the state's attorneys in
the county or counties where the judgment of conviction was entered against the applicant. The
notice must include the name of the applicant, the date of entry and docket number of the
criminal judgment, the crime or crimes stated in the criminal judgment, and the date and place
for the meeting on the application.
### § 12-55.1-08. Governor may reconsider action.

If the governor has granted an application for a commutation, reprieve, conditional pardon,
or remission of fine and the applicant is still in custody in any correctional facility, the governor
may reconsider the decision any time before the applicant is released from the correctional
facility. If an applicant is released from custody pursuant to a conditional pardon and the
applicant has violated any of the terms or conditions of the conditional pardon, the governor
may revoke the conditional pardon in the same manner provided for violation of any of the terms
or conditions of parole. In all other cases, the governor may reconsider a decision on an
application if the reconsideration is made within thirty days from the date of the initial decision. A
decision made on reconsideration may not be reviewed by any court.
### § 12-55.1-09. Statements of judge and state's attorney.

The judge and the state's attorney may make any recommendations that may be of
assistance to the governor, pardon advisory board, or parole board in considering the person's
case. The judge before whom any person has been convicted of a felony and the state's
attorney of the county in which the crime was committed may file with the clerk of court separate
official statements that may include:
1. The facts and circumstances constituting and surrounding the crime for which the
person was convicted.
2. The age of the person.
3. All available information regarding the person before the commission of the crime for
which the person was convicted.
4. All available information regarding the person's habits, associates, disposition, and
reputation.
5. All facts and circumstances that may indicate whether the person is capable of
becoming a law-abiding citizen.
6. The state's attorney's reasons for the recommended sentence and the court's reasons
for the sentence imposed.
### § 12-55.1-10. Duty of court reporter and clerk of court.

The court reporter, at the direction of the judge or state's attorney, shall prepare the official
statements of the judge and state's attorney. The clerk of court with whom the statements are
filed shall attach a copy of the statements to the criminal judgment. The clerk shall provide to
the department the criminal judgment with the attached copy of the official statements.

### § 12-55.1-11. Records.

The records of an applicant for commutation, reprieve, pardon, conditional pardon, or
remission of fine are subject to section 12-47-36. The pardon clerk may permit the inspection of
an application for a commutation, reprieve, pardon, conditional pardon, or remission of fine; the
recommendations of the pardon advisory board, if any; and the decision of the governor,
including any decision made after reconsideration or after proceedings for revocation.
