46-23-315. Authority of governor to grant respite -- application. The governor has the power to grant respites after conviction and judgment for any offenses committed against the criminal laws of the state for the time that the governor thinks proper. The governor may grant a respite upon application of a person authorized to apply for executive clemency and prior to any review or recommendation by the board of pardons and parole. A respite must be of temporary duration for a definite period of time. Any respite that is granted that stays the execution of a death warrant has the effect of postponing the execution of the warrant. In that case, if clemency is not granted, the death warrant is again in effect at the expiration of the period of respite and the execution must take place on the date of expiration of the respite.
History: En. Sec. 28, Ch. 153, L. 1955; Sec. 94-9848, R.C.M. 1947; redes. 95-3230 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3230; amd. Sec. 5, Ch. 561, L. 1989; amd. Sec. 229, Ch. 546, L. 1995.
Structure Montana Code Annotated
Chapter 23. Probation, Parole, and Clemency
46-23-301. Cases of executive clemency -- application for clemency -- definitions
46-23-302. Order for hearing on application for executive clemency
46-23-303. Publication of order
46-23-304. Proof of publication
46-23-305. When publication not necessary
46-23-307. Recommendation of hearing panel
46-23-308. through 46-23-314 reserved
46-23-315. Authority of governor to grant respite -- application