Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 10 - Clemency Hearings › Subchapter 5 - Clemency Hearing Procedures › Section 515:10-5-2 - Clemency hearing procedures

Current through Vol. 41, No. 20, July 1, 2024
The procedures for the Clemency Hearing shall be as follows,
				  unless modified prior to the hearing by the Chairperson of the Board:
(1) The Clemency Hearing will comply with the
				Open Meeting Act as per 25 O.S. §
									301.
(2) The Chairperson of the Board will call
				the meeting to order.
(3) The
				administrative staff of the Board will read an opening statement and the order
				of the meeting.
(4) The Legal
				Representative for the Offender will be given forty (40) minutes to make a
				presentation to the Board. If there is more than one person wishing to speak, a
				primary spokesperson must be selected to allocate time among those that wish to
				speak. The Board staff will only keep time of the forty (40) minutes. Keeping
				time for individual allotments among speakers will be the responsibility of the
				spokesperson. The Legal Representative may reserve a portion of the forty (40)
				minutes presentation period to address the Board after the Representative of
				the State and the Victim or Victim Representative have addressed the Board. If
				the Legal Representative wishes to reserve time for this purpose, the
				spokesperson must state how much time will be reserved at the beginning of the
				initial presentation for time keeping purposes. No more than five (5) minutes
				may be reserved.
(5) The Board
				reserves the right to ask questions during the presentation by the Legal
				Representative for the Offender or may reserve questions until after the
				presentation has concluded. Questions will not be counted against the allotted
				time.
(6) The Representative for
				the State will be given forty (40) minutes to address the Board. If there is
				more than one person wishing to speak, a primary spokesperson must be selected
				to allocate time among those that wish to speak. The Board staff will only keep
				time of the forty (40) minutes, keeping time for individual allotments among
				speakers will be the responsibility of the spokesperson. The Representative for
				the State may reserve a portion of their forty (40) minutes presentation period
				to address the Board after the Legal Representative for Offender and the Victim
				or Victim Representative have addressed the Board. If the Representative for
				the State wish to reserve time for this purpose, the spokesperson must state
				how much time will be reserved at the beginning of the initial presentation for
				time keeping purposes. No more than five (5) minutes may be reserved.
(7) The Board reserves the right to ask
				questions during the presentation by the Legal Representative for the State or
				may reserve questions until after the presentation has concluded. Questions
				will not be counted against the allotted time.
(8) The Victim or Victim Representative will
				be given twenty (20) minutes to address the Board. If there is more than one
				Victim or Victim Representative wishing to speak, a primary spokesperson must
				be selected to allocate time among those that wish to speak. The Board staff
				will only keep time on the twenty (20) minutes. Keeping time for individual
				allotments among speakers will be the responsibility of the
				spokesperson.
(9) The Board
				reserves the right to ask questions during the presentation by the Victim or
				Victim Representative or may reserve questions until after the presentation has
				concluded. Questions will not be counted against the allotted time.
(10) The Representative for the State may
				address the Board a second time for summation, if time was reserved for this
				purpose at the beginning of their initial presentation. The primary
				spokesperson will be responsible for allocating time among speakers if more
				than one person is going to speak. The Board staff will keep time for the
				period that was reserved.
(11) The
				Legal Representative for the Offender may address the Board a second time for
				rebuttal, if they reserved time for this purpose at the beginning of their
				initial presentation. The primary spokesperson will be responsible for
				allocating time among speakers if more than one person is going to speak. The
				Board staff will keep time for the period that was reserved.
(12) The Offender will be given twenty (20)
				minutes to address the Board. If the Offender chooses not to address the Board,
				the portion of the hearing reserved for the Offender may be conducted as a
				jacket review proceeding.
(13) The
				Board will vote to deny or recommend clemency to the Governor for the Offender
				before the Clemency Hearing is adjourned. If clemency is recommended, the Board
				may include a recommendation for commutation. The Board may discuss the matter
				before voting. The Board is not required to state reasons when they
				vote.
(14) The Board's
				administrative staff will announce the vote of the Board and the administrative
				staff will read the statement of adjournment.