Montana Attorney General Opinion 16-352

Opinion No. 352. Pardons and Paroles - Governor, Power to Recommend Conditional Pardon-State Board of Pardons. HELD: The Governor has power to recommend to the State Board of Pardons a conditional pardon so long as the conditions are not illegal, im- moral or impossible of performance. September 16, 1936. Hon. Elmer Holt Governor of Montana The Capitol You inquire as to your authority to recommend to the State Board of Pardons a conditional pardon. You are authorized to do this under the Constitution and statute of the State of Montana. Both the Consti- tution and statute provide: "The gov- ernor shall have power to grant par- dons, absolute or conditional, .. * ": provided, however, that before grant- ing pardons, * * * the action of the governor concerning the ilame shall be approved by a board, or a majority thereof, composed of the secretary of state, attorney general and state au- ditor, who shall be known . as the board of pardons." Constitution, Ar- ticle VII, Section 9; Section 12247, R. C. M. 1935. This statute and constitutional pro- vision have been interpreted in the case of In re Sutton, 50 Mont. 88. Such decision reads in part as fol- lows: "Under the Constitution and the statute, the governor is author- 348 OPINIONS OF THE ATTORNEY GENERAL ized to impose conditions without re- striction, so long as they are not il- legal, immoral or impossible of per- formance." In the case cited, Governor S. V. Stewart granted a conditional pardon, whi~h was set out in full in said case (p. )0). This pardon contained con- ditions similar to those which you de- sire to recommend. The pardon and conditions in that case were held valid and binding upon the prisoner.