26.07.080 Pardon Review Board Policies and Procedures

(a) Mission Statement: The mission of the Pardon Review Board is to review and consider requests within its jurisdiction and base its recommendations in keeping with the Turtle Mountain Tribal Constitution and Bylaws, Tribal Code and statutory intent in the best interest of society and tribal members.

(b) Authority: Authority for this policy is found in Article IV, Section 2 of the Constitution and Bylaws of the Turtle Mountain Band of Chippewa Indians North Dakota, which states "The Tribal Council shall have the authority to … appoint subordinate committees, delegates, and employees not otherwise provided for in the constitution, and to provide tenure and duties; provided that any delegation of authority described in this Constitution shall be granted only by written resolution or ordinance and shall be withdrawn in the same manner. (Amendment XIV, Approved February 3, 1995)"; and this chapter inclusive of the Turtle Mountain Tribal Code.

(c) Pardon Board:

(1) The Chairman and Tribal Council may appoint a Pardon Board to consist of five (5) members including one (1) Tribal member from each district and a Pardon Board Chairman from at large-selection by the Tribal Chairman.

(2) The Chairman, with a quorum of the Tribal Council may dissolve the Pardon Board at any time.

(3) The Chairman may call meetings of the Pardon Board as necessary to allow the Pardon Board to conduct business in a timely manner. The Pardon Board shall also convene at least quarterly to conduct its business in a timely manner.

(4) The Pardon Board is not an administrative agency and is not subject to administrative agencies practices. However, any rulemaking by the Pardon Board will be published for 30-day comment prior to consideration for inclusion in the Turtle Mountain Tribal Code.

(5) Pardon Board Members may not engage in ex parte communications with applicants for pardons or any of their representatives or advocates.

(d) Meetings and Rules.

(1) The Board will schedule at least one quarterly meeting to review applications for pardons from Tribal member offenders.

(2) A simple majority of the Pardon Board members constitutes a quorum.

(3) The Board may call executive sessions as allowed by the Turtle Mountain Tribal Code.

(4) The rules and procedures for reviewing requests for pardon relief are contained within this policy.

(e) Duties and responsibilities of the Pardon Board.

The sole function of the Pardon Board shall be to provide information and make recommendations to the Tribal Chairman concerning any matters before the Tribal Chairman under this chapter. Recommendations may include commutation of sentence and grant of a pardon. Recommended terms and conditions placed upon any pardon or commutation of sentence shall be so stated on the Certificate of Pardon/Commutation.

(f) Duties and responsibilities of the Pardon Board Clerk shall include the following:

(1) Maintain a register of all applications filed with the Pardon Board as well as a record of any and all proceedings of the Pardon Board.

(2) Maintain a record of all actions of the Pardon Board.

(3) Conduct investigations for and provide information to the Pardon Board. All information to be considered by the Pardon Board must be submitted to the Pardon Board Clerk.

(4) Direct officers of the Turtle Mountain Tribal Probation/Parole Division to provide testimony or written comments for the Pardon Board's consideration when an individual is on supervision or has recently been on supervision by a Department.

(5) Provide written notice of an application for Pardon/Commutation to the Turtle Mountain Tribal Court and Tribal Prosecutor regarding any Judgment of Conviction warranted against the applicants. The date of entry and docket number of the criminal judgment, the crime or crimes stated in the criminal judgment and the date and place for the meeting on the application.

(6) The Pardon Clerk will ensure that victim rights are protected and that victims have the opportunity to present information to the board in the manner that the board prescribes.

(g) Cases eligible for Pardon Board review.

(1) Offenders in custody or on supervision with the Turtle Mountain Tribal Probation/Parole Division.

(2) Applicants currently incarcerated. Applicants who have no legal remedy through the Parole Board but may be eligible for review by the Pardon Board providing that review does not conflict with any other provisions of this policy.

(3) Offenders under the supervision of Probation/Parole.

(A) The supervising officer of any applicant on supervision may apply for relief on behalf of the applicant with the Pardon Clerk.

(4) Person not in the custody of or under the supervision and management of the Probation/Parole Department. The applicant must have encountered a significant problem with the consequences of his or her conviction or sentence (e.g. difficulty entering a school or securing employment).

(5) In very limited circumstances, the board may consider applications from individuals who present a compelling need for relief as a result of unusual circumstances not otherwise specified by the above criteria.

(h) Application and Review Process.

(1) Applications for board review must be made with the Pardon Clerk on a form prescribed by the Pardon Clerk.

(2) The written application must be submitted to the Pardon Clerk at least forty-five (45) days before the Pardon Board convenes.

(3) The Pardon Clerk will staff each case on the proposed docket with a representative of the Chairman and the Pardon Board.

(4) The Pardon Clerk will prepare a final docket at least thirty (30) days before the Pardon Board convenes.

(5) The Pardon Clerk may formulate a recommendation concerning an applicant's request for relief.

(6) The Pardon Clerk will present a final packet for each application to members of the board at least fifteen (15) days before the board convenes.

(7) The board may review the application with the applicant or may review the application without a personal appearance. Granting or not granting a personal appearance should not constitute a negative recommendation for relief. The Pardon Clerk will schedule all personal appearances.

(8) Any request by the Pardon Board Chairman for the personal appearance of an applicant will be honored.

(9) After appropriate review, the board will make a recommendation to the Chairman regarding each case.

(10) If the Chairman denies the applicant that requested relief, the applicant may not re-apply for relief for a period of six (6) months from the date the Chairman denied relief, or if the board has set a later date, the date the board has set. The board is not precluded by this section from considering an emergency application for relief at any time.

(11) Any reapplication will be submitted on a summary form as provided by the Pardon Clerk and must demonstrate specific changes in circumstances since the prior application.

(12) The Chairman may reconsider the decision to grant an applicant relief at any time. If for any reason the applicant violates any of the terms or conditions of the pardon, the Chairman may revoke the pardon on the same manner provided for violation of any of the terms or conditions in all other cases, the Chairman may reconsider a decision or an application of the reconsideration is made within thirty (30) days from the date of the initial decision.