2010 West Virginia Code
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR
ARTICLE 1. THE GOVERNOR.
§5-1-16. Remission of fines and penalties; commutation of sentences; reprieves; paroles; pardons.
§5-1-16. Remission of fines and penalties; commutation of
sentences; reprieves; paroles; pardons.
The governor shall have power to remit fines and penalties, in
such cases and under such regulations as now are or may be
prescribed by law; to commute capital punishment, and, except where
the prosecution was carried on by the House of Delegates, to grant
reprieves, paroles and pardons, after conviction; but he shall
record in the journal of executive proceedings and communicate to
the Legislature, at its next session, the particulars of every case
of fine or penalty remitted, of punishment commuted, and of
reprieve, parole or pardon granted, with his reasons therefor. In
any case wherein the governor has power to grant a pardon, instead
of granting the same unconditionally, he may, after sentence, grant
it upon such conditions as he may deem proper, with the assent of
the person sentenced; and, for the purpose of carrying into effect
such conditional pardon, the governor may issue his warrant
directed to any proper officer, who shall obey and execute it,
instead of the sentence originally awarded. In any case in which
the governor shall exercise the power conferred on him by the
constitution to commute capital punishment, he may issue his order
to the warden of the penitentiary, requiring him to receive and
confine (and the warden shall receive and confine) in the
penitentiary, according to such order, the person whose punishment
is commuted. To carry into effect any commutation of punishment,
the governor may issue his warrant directed to any proper officer, who shall obey and execute the same.
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