| (a) The board will consider recommending to the governor
a commutation of death sentence to a sentence of life imprisonment
or the appropriate maximum penalty that can be imposed upon receipt
of:
(1) a request from the majority of the trial officials
of the court of conviction; or
(2) a written request of the offender or representative
setting forth all grounds upon which the application is based, stating
the full name of the offender, the county of conviction, and the execution
date.
(b) The written application in behalf of an offender
seeking a board recommendation to the governor of commutation of the
death sentence to a lesser penalty must be delivered to the Texas
Board of Pardons and Paroles, Clemency Section, 8610 Shoal Creek Boulevard,
Austin, Texas 78757, not later than the twenty-first calendar day
before the day the execution is scheduled. If the twenty-first calendar
day before the execution is scheduled falls on a weekend or state
observed holiday, the application shall be delivered not later than
the next business day.
(c) All supplemental information not filed with the
application, including but not limited to amendments, addenda, supplements,
or exhibits, must be submitted in writing and delivered to the Texas
Board of Pardons and Paroles, Clemency Section, 8610 Shoal Creek Boulevard,
Austin, Texas 78757, not later than the fifteenth calendar day before
the execution is scheduled. If the fifteenth calendar day before the
execution is scheduled falls on a weekend or state observed holiday,
all additional information including but not limited to amendments,
addenda, supplements, or exhibits shall be delivered not later than
the next business day.
(d) Any information filed with the application, including
but not limited to amendments, addenda, supplements, or exhibits,
must be provided by the applicant in an amount sufficient to allow
review by all members of the board. An amount sufficient shall mean
not less than 12 and not more than 20 copies of the duplicate item.
(e) An offender seeking a board recommendation to the
governor of commutation of the death sentence to a lesser penalty
may request an interview with a member of the board. Such request
shall be included in the written application or any supplement filed
therewith in accordance with this section.
(f) Upon receipt of a request for an interview, the
presiding officer (chair) shall designate at least one member of the
board to conduct the requested interview. Such interview shall occur
at the confining unit of TDCJ. Attendance at such interviews shall
be limited to the offender, the designated board member(s), board
staff, and TDCJ staff. The board may consider statements made by the
offender at such interviews and any other materials the offender delivers
to the board member during the interview when considering the offender's
application for commutation of the death sentence to a lesser penalty.
(g) The board shall consider and decide applications
for commutation of the death sentence to a lesser penalty. Upon review,
a majority of the board, or a majority thereof, in written and signed
form, may:
(1) recommend to the governor the commutation of the
death sentence to a lesser penalty;
(2) not recommend commutation of the death sentence
to a lesser penalty; or
(3) set the matter for a hearing pursuant to §143.43
of this chapter (relating to Procedure in Capital Reprieve Cases).
|
| Source Note: The provisions of this §143.57 adopted to be effective January 1, 1976; amended to be effective May 11, 1999, 24 TexReg 3540; amended to be effective August 17, 1999, 24 TexReg 6313; amended to be effective August 10, 2006, 31 TexReg 6236; amended to be effective September 13, 2012, 37 TexReg 7191 |
