CHAPTER 14
EXECUTIVE CLEMENCY
[615—Ch 14 transferred to 205—Ch 5, IAB 2/22/89]
205—14.1(902) Interviews of inmates serving life terms. The board shall not grant a parole or work release to a Class “A” felon serving a life term unless the governor commutes the sentence to a term of years. Administrative rules relating to the parole and work release consideration of an inmate sentenced to an indeterminate term shall not apply to an inmate sentenced to a life term. The board shall interview a Class “A” felon serving a life term to determine whether to recommend that the governor commute the sentence to a term of years. The board shall recommend that the governor commute the sentence when the board concludes that the inmate should be considered for release on parole or work release. In making such a recommendation, the board shall also indicate the existence of any registered victims and communicate any opinions expressed by those victims regarding release of the inmate.
205—14.2(902) Review of inmates serving life terms. The board may, at its discretion, review the record of a Class “A” felon serving a life term.
205—14.3(914) Executive clemency applications.
	14.3(1) Applications to the board.
	a. 	A person convicted of a criminal offense may apply to the board for a recommendation to the governor for a reprieve, pardon, commutation of sentence, or remission of fines and forfeitures at any time following the person’s conviction.
	b. 	An application for a pardon or commutation of sentence shall be on the form provided by the board. The form may be obtained by contacting the board’s business office.
	c. 	An application for a reprieve or remission of fines and forfeitures shall be in writing.
	d. 	The applicant shall submit the executive clemency application to the board’s business office.
	14.3(2) Applications to the governor. Upon the request of the governor, the board shall take charge of all correspondence in reference to an executive clemency application filed with the governor and shall provide the governor with the board’s advice and recommendation.
	14.3(3) Restoration of citizenship.
	a. 	A person convicted of a criminal offense may apply for restoration of citizenship at any time following the discharge of the person’s sentence.
	b. 	A person applying for restoration of citizenship shall submit the Executive Clemency Application form to the governor. This form may be obtained from the governor’s office or from the board. The governor shall obtain a recommendation regarding restoration of citizenship from the board.
205—14.4(914,902) Board investigation. The board may investigate an application or district department recommendation with respect to history, current situation, parole prospects and other pertinent matters. The board may consider the application or recommendation, transcripts of judicial proceedings and all documents submitted with the application, and other documents as the board determines is appropriate, and may interview public officials, victims, and witnesses and other individuals as the board determines is appropriate.
205—14.5(914,902) Executive clemency recommendations.
	14.5(1) Decision.
	a. 	The board shall recommend that the governor grant commutation of sentence to a Class “A” felon serving a life term when the board unanimously agrees that the inmate should be considered for release on parole. If the board does not unanimously agree, the board shall recommend that the governor not grant commutation of sentence.
	b. 	The board shall recommend that the governor grant executive clemency to a person other than a Class “A” felon serving a life term when at least three members of the board agree that the person has demonstrated that the person will become or continue to be a law-abiding citizen. If three members of the board do not agree, the board shall recommend that the governor not grant executive clemency.
	14.5(2) Notice of board recommendation. The board shall give notice of an executive clemency recommendation to the office of the governor and, if requested, to the inmate or applicant.
	14.5(3) Board consideration following commutation. The board shall consider the parole and work release prospects of an inmate whose sentence has been commuted by the governor.
	14.5(4) Executive clemency reconsiderations.
	a. 	The board may reconsider at any time a board recommendation to grant executive clemency that the governor has denied and returned to the board. The procedures for reviewing an executive clemency application shall apply to the reconsideration of a denied recommendation.
	b. 	The board may refile the recommendation with the governor or withdraw the recommendation.
205—14.6(902) Commutation procedure for Class “A” felons.
	14.6(1) Initial review. The board of parole, or its designee, will initially review an application for commutation to determine whether the inmate is eligible to apply for commutation pursuant to Iowa Code section 902.2. If the inmate is not eligible to apply for commutation pursuant to Iowa Code section 902.2, the board shall return the application to the governor and notify the governor of the reasons.
	14.6(2) Parole board commutation investigation process.
	a. 	If the applicant is eligible to apply for commutation pursuant to Iowa Code section 902.2, the board shall conduct an investigation pursuant to that section and subrule 14.6(2).
	b. 	The board may consider any documents the board deems appropriate including, but not limited to, the application and attached documents, transcripts of judicial proceedings, corrections information, and written recommendations, statements, and interviews of public officials, victims, and witnesses.
	c. 	The board shall interview the applicant, pursuant to Iowa Code section 902.2, prior to submitting its recommendation to the governor. The board may interview any other person the board deems appropriate including, but not limited to, public officials, victims, and witnesses. The board may conduct any interview, including the interview of the applicant, through electronic means.
	d. 	The board shall attempt to provide notice of the commutation investigation to any individual who would qualify as a victim under Iowa’s victim notification law. Notice shall be by regular mail to the last-known address. The notice shall provide a specified amount of time for the victim to provide a statement to the board regarding the application for commutation.
	e. 	The board may utilize the resources of the department of public safety for assistance with any part if its investigation.
	f. 	The board may hold a public hearing to receive comments from the general public on an application for commutation. The determination to hold a public hearing to receive public comments is solely at the discretion of the board.
	14.6(3) Recommendation and report.
	a. 	The board shall vote on a recommendation regarding the application. Any decision to recommend commutation shall be by unanimous vote. The board may continue the matter until such time as the board may determine by majority vote.
	b. 	The board may consider any factor it deems appropriate when considering commutation including, but not limited to, the nature and circumstances of the crime, the number of years the applicant has served, the applicant’s previous criminal record, the applicant’s conduct while confined, the impact on the victim, and the public interest.
	c. 	The board shall prepare a written report of its findings and recommendations and forward its report to the governor.
	14.6(4) Board consideration following commutation. The board shall consider the parole and work release prospects of any inmate whose life sentence has been commuted by the governor. The grant of commutation does not require the board to grant parole or work release. The board shall consider parole or work release pursuant to the standards in 205—Chapter 8.
These rules are intended to implement Iowa Code sections 902.2, 902.4, and 904A.4(7) and chapter 914.
[Filed 2/6/89, Notice 12/28/88—published 2/22/89, effective 3/29/89]
[Filed 5/14/99, Notice 3/24/99—published 6/2/99, effective 7/7/99]
[Filed emergency 6/8/00—published 6/28/00, effective 6/8/00]
[Filed 9/12/00, Notice 6/28/00—published 10/4/00, effective 11/8/00]
[Filed 6/4/04, Notice 4/28/04—published 6/23/04, effective 7/28/04]