2019 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 144 - Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports
Section 144.650 - Notice of intention to apply for pardon, commutation or remission; proof of service; duties of district attorney.
(1) When an application for a pardon, commutation or remission is made to the Governor, a copy of the application, signed by the person applying and stating fully the grounds of the application, shall be served upon:
(a) The district attorney of the county where the conviction occurred;
(b) If the person applying is housed in a correctional facility within the State of Oregon, the district attorney of the county in which the correctional facility is located;
(c) The State Board of Parole and Post-Prison Supervision; and
(d) The Director of the Department of Corrections.
(2) Proof by affidavit of the service shall be presented to the Governor.
(3) Upon receiving a copy of the application, the district attorney of the county where the conviction occurred shall:
(a) Notify the victim of the crime concerning the application and the victim’s right to provide the Governor with any information relevant to the Governor’s decision;
(b) Provide the Governor with any information relevant to the Governor’s decision that the victim wishes to have provided; and
(c) Provide the Governor with copies of the following documents:
(A) Police and other investigative reports;
(B) The charging instrument;
(C) The plea petition, if applicable;
(D) The judgment of conviction and sentence;
(E) Any victim impact statements submitted or filed; and
(F) Any documents evidencing the applying person’s payment or nonpayment of restitution or compensatory fines ordered by the court.
(4) In addition to providing the documents described in subsection (3) of this section, upon receiving a copy of the application for pardon, commutation or remission, any person or agency named in subsection (1) of this section shall provide to the Governor as soon as practicable such information and records relating to the case as the Governor may request and shall provide further information and records relating to the case that the person or agency considers relevant to the issue of pardon, commutation or remission, including but not limited to:
(a) Statements by the victim of the crime or any member of the victim’s immediate family, as defined in ORS 163.730;
(b) A statement by the district attorney of the county where the conviction occurred; and
(c) Photos of the victim and the autopsy report, if applicable.
(5) Following receipt by the Governor of an application for pardon, commutation or remission, the Governor shall not grant the application for at least 30 days. Upon the expiration of 180 days, if the Governor has not granted the pardon, commutation or remission applied for, the application shall lapse. Any further proceedings for pardon, commutation or remission in the case shall be pursuant only to further application and notice. [Formerly 143.040; 1983 c.776 §1; 1987 c.320 §79; 1995 c.805 §1; 2019 c.369 §5]
