CHAPTER 914
REPRIEVES, PARDONS, COMMUTATIONS, REMISSIONS,

 AND RESTORATIONS OF RIGHTS

Referred to in §48A.10, 57.1, 218.95, 904A.4

This chapter not enacted as a part of this title;

transferred from chapter 248A in Code 1993

  
     
914.1  Power of governor.
  The power of the governor under the Constitution of the State of Iowa to grant a reprieve, pardon, commutation of sentence, remission of fines and forfeitures, or restoration of the rights of citizenship shall not be impaired.
86 Acts, ch 1112, §4
C87, §248A.1
C93, §914.1
2006 Acts, ch 1010, §168

     
914.2  Right of application.
  Except as otherwise provided in section 902.2, a person convicted of a criminal offense has the right to make application to the board of parole for recommendation or to the governor for a reprieve, pardon, commutation of sentence, remission of fines or forfeitures, or restoration of rights of citizenship at any time following the conviction.
86 Acts, ch 1112, §5
C87, §248A.2
C93, §914.2
95 Acts, ch 128, §2

     
914.3  Recommendations by board of parole.
  1.  Except as otherwise provided in section 902.2, the board of parole shall periodically review all applications by persons convicted of criminal offenses and shall recommend to the governor the reprieve, pardon, commutation of sentence, remission of fines or forfeitures, or restoration of the rights of citizenship for persons who have by their conduct given satisfactory evidence that they will become or continue to be law-abiding citizens.
  2.  The board of parole shall, upon request of the governor, take charge of all correspondence in reference to an application filed with the governor and shall, after careful investigation, provide the governor with the board’s advice and recommendation concerning any person for whom the board has not previously issued a recommendation.
  3.  All recommendations and advice of the board of parole shall be entered in the proper records of the board.
86 Acts, ch 1112, §6
C87, §248A.3
87 Acts, ch 115, §35
C93, §914.3
95 Acts, ch 128, §3
Referred to in §915.18

     
914.4  Response to recommendation.
  The governor shall respond to all recommendations made by the board of parole within ninety days of the receipt of the recommendation. The response shall state whether or not the recommendation will be granted and shall specifically set out the reasons for such action. If the governor does not grant the recommendation, the recommendation shall be returned to the board of parole and may be refiled with the governor at any time. Any recommendation may be withdrawn by the board of parole at any time prior to its being granted. However, if the board withdraws a recommendation, a statement of the withdrawal, and the reasons upon which it was based, shall be entered in the proper records of the board.
86 Acts, ch 1112, §7
C87, §248A.4
C93, §914.4

     
914.5  Evidence — testimony — recommendation.
  1.  When an application or recommendation is made to the governor for a reprieve, pardon, commutation of sentence, remission of fines and forfeitures, or restoration of rights of citizenship, the governor may require the judge or clerk of the appropriate court, or the county attorney or attorney general by whom the action was prosecuted, to furnish the governor without delay a copy of the minutes of evidence taken on the trial, and any other facts having reference to the propriety of the governor’s exercise of the governor’s powers in the premises.
  2.  The governor may take testimony as the governor deems advisable relating to any application or recommendation. A person who provides written or oral testimony pursuant to this subsection is subject to chapter 720.
  3.  With regard to an application for the restoration of the rights of citizenship, the warden or superintendent, upon request of the governor, shall furnish the governor with a statement of the person’s deportment during the period of imprisonment and a recommendation as to the propriety of restoration.
86 Acts, ch 1112, §8
C87, §248A.5
C93, §914.5
Referred to in §331.756(45), 602.8102(46)

     
914.6  Procedures — filing.
  1.  Pardons, commutations of sentences, and remissions of fines and forfeitures shall be issued in duplicate. Restorations of rights of citizenship and reprieves shall be issued in triplicate.
  2.  In the case of a pardon, commutation of sentence, or reprieve, if the person is in custody, the executive instruments shall be forwarded to the officer having custody of the person. The officer, upon receipt of the instruments, shall do the following:
  a.  Retain one copy of the instrument.
  b.  Enter the appropriate notations on the records of the office.
  c.  Carry out the orders of the instrument.
  d.  On one copy, make a written return as required by the order and forward the copy to the clerk of court where the judgment is of record.
  e.  In the case of reprieves, deliver the third copy to the person whose sentence is reprieved.
  3.  In the case of a remission of fines and forfeitures, restoration of rights of citizenship, or a pardon, commutation of sentence, or reprieve, if the person is not in custody, one copy of the executive instrument shall be delivered to the person and one copy to the clerk of court where the judgment is of record. A list of the restorations of rights of citizenship issued by the governor shall be delivered to the state registrar of voters at least once each month.
  4.  The clerk of court shall, upon receipt of the copy of the executive instrument, immediately file and preserve the copy in the clerk’s office and note the filing on the judgment docket of the case, except that remissions of fines and forfeitures shall be spread at length on the record books of the court, and indexed in the same manner as the original case.
86 Acts, ch 1112, §9
C87, §248A.6
C93, §914.6
94 Acts, ch 1169, §63
Referred to in §602.8102(46)

     
914.7  Rights not restorable.
  Notwithstanding any other provision of this chapter, a person who has been convicted of a forcible felony, a felony violation of chapter 124 involving a firearm, or a felony violation of chapter 724 shall not have the person’s rights of citizenship restored to the extent of allowing the person to receive, transport, or possess firearms.
  Notwithstanding any provision of this chapter, a person seventeen years of age or younger who commits a public offense involving a firearm which is an aggravated misdemeanor against a person or a felony shall not have the person’s rights of citizenship restored to the extent of allowing the person to receive, transport, or possess firearms.
89 Acts, ch 316, §21
CS89, §248A.7
C93, §914.7
94 Acts, ch 1172, §64
Referred to in §724.27