HB23-1214 Summary

• Governor may commute sentences in cases with life without possibility of parole or life imprisonment to a term of not less than 20 years in the Department of Corrections.

• Establishes formal procedures for incarcerated persons to apply for commutation through an Executive Clemency Representative who must mail applications within 10 business days of request and notify applicants of completeness within specified timeframes.

• Applicants must submit personal letters, reentry plans, program certifications, and support letters from community members, family, friends, employers, and department staff; applicants may include multimedia components.

• District attorneys who prosecuted the original case have 45 days to submit written positions to the Executive Clemency Representative, and applicants may respond within 30 days; district attorneys must notify victims and families within 30 days if supporting or not opposing commutation.

• Executive Clemency Board evaluates applications considering factors such as good character, conduct during confinement, victim impact statements, and may give special consideration to veterans, applicants convicted of crimes with reduced penalties since their conviction, or those prosecuted as juveniles; applicants claiming innocence are not required to admit guilt or show remorse.

• Appropriates $28,221 to the Office of the Governor for 2023-24 fiscal year based on 0.4 FTE.