Advisory Board of Pardons: General Provisions

(1) The Advisory Board of Pardons shall review petitions for executive clemency, conduct hearings, and make recommendations to the Governor regarding petitions for executive clemency. (2) The Advisory Board of Pardons shall be directed by the Governor's Executive Clemency Guidelines in its consideration of petitions for executive clemency. The petitioner must prove the merits of the petition by clear and convincing evidence, as defined in 120 CMR 100.00: Definitions. (3) An Advisory Board member shall abstain from voting on petitions for executive clemency on the basis of personal involvement in the case which may present the appearance of impropriety or might prevent that member from making an impartial recommendation. (4) Upon receipt of a petition for executive clemency, the Advisory Board of Pardons shall notify interested parties pursuant to M.G.L. c. 127, § 154. (5) A petition for executive clemency shall be reviewed administratively by the Advisory Board of Pardons for compliance with relevant Massachusetts General Laws and the Governor’s Executive Clemency Guidelines. If the petition does not substantially comply with the criteria set by statute and the Governor’s Executive Clemency Guidelines, the Advisory Board of Pardons shall forward the petition to the Governor with a recommendation that the petition be denied and a statement of the reasons therefor. The Advisory Board of Pardons shall notify the petitioner of its recommendation. (6) If a petition is deemed to be in compliance after the administrative review, the Advisory Board of Pardons shall conduct a preliminary investigation and prepare a case summary concerning the petitioner's criminal, social, and institutional histories, and any other facts deemed relevant to the merit of the petition. (7) The Advisory Board of Pardons shall review the petition, case summary, any supporting documentation, and investigatory materials. After such review, the Advisory Board of Pardons may recommend denial of the petition or approve the scheduling of a hearing on the merits of the petition. Where investigation reveals that the petition does not substantially comply with the criteria set by statute and the Governor’s Executive Clemency Guidelines, the Advisory Board of Pardons shall forward the petition to the Governor with a recommendation that the petition be denied and a statement of the reasons therefor.