SECTION 515:10-5-2. Clemency hearing procedures

  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.

[Source: Added at 35 Ok Reg 1905, eff 9-14-18]