(a) Establishment.--The Board of Pardons is established for the purposes of:
(1) hearing applications for the remission of fines and forfeitures;
(2) granting of reprieves, commutations of sentence and pardons, except in cases of impeachment; and
(3) making recommendations in writing to the Governor thereon, in the manner provided under and subject to section 9 of Article IV of the Constitution of Pennsylvania.
(b) Composition.--The Board of Pardons shall consist of the following members:
(1) The Lieutenant Governor, who shall be chairperson.
(2) The Attorney General.
(3) Three members appointed by the Governor as provided under section 9 of Article IV of the Constitution of Pennsylvania.
(b.1) Terms.--Members shall serve a term of six years.
(c) Quorum.--Four members of the board shall constitute a quorum.
(d) Granting of hearings.--Hearings relating to the granting of reprieves, commutations of sentences and pardons for prisoners serving life sentences, sentences for crimes of violence or sentences for any other offense resulting in death or serious bodily injury may only be granted upon approval by a vote of a majority of the members of the Board of Pardons.
(e) Applicants under sentence of death.--In cases involving applicants under sentence of death, the application shall be filed within 10 days of the Governor's issuance of a warrant specifying a week for execution.
(f) Notice to victims.--The following apply:
(1) The Board of Pardons shall provide notice through the Office of Victim Advocate to victims or next of kin, including victims who are registered with the Department of Corrections, the Office of Victim Advocate, the Pennsylvania Parole Board, the Board of Pardons and those whose whereabouts are otherwise known.
(2) Individuals notified under this subsection shall be given the opportunity to offer prior comment on any application which has been granted a hearing by the Board of Pardons pertaining to the individual's case, which may be oral or written, and shall be considered by the Board of Pardons as to the advisability of any pardon or related release and any conditions of release.
(3) The Board of Pardons through the Office of Victim Advocate shall make all reasonable efforts to effectuate notice within 30 days of the date that a hearing is granted and at least 60 days prior to the hearing. The Board of Pardons and the Office of Victim Advocate shall certify in writing to each member of the Board of Pardons:
(i) the date and manner by which notice was effectuated; or
(ii) a detailed description of all means or measures employed to locate the victims or next of kin to furnish notice.
(4) During any hearing granted under this chapter, a victim or next of kin shall be permitted to offer testimony before the Board of Pardons in person, in writing or via videoconferencing or similar virtual presence technology at the sole discretion of the victim or next of kin.
(5) If the Board of Pardons fails to comply with any of the provisions of this subsection, any action by the Board of Pardons to which the failure to comply applies, including a vote or recommendation under this chapter, shall be null and void.
(g) Hearings.--Each member of the Board of Pardons shall interview an applicant in instances where the Board of Pardons chooses to have an application submitted by the following:
(1) an inmate serving a life sentence or a sentence of death;
(2) an inmate serving a sentence for murder of the third degree, voluntary manslaughter, attempt to commit murder of the third degree or attempt to commit voluntary manslaughter; or
(3) an inmate serving a sentence for a crime of violence.
(g.1) Interview.--An interview conducted under subsection (g) shall be in person, unless any requisite travel or transport of the applicant would cause an undue medical hardship.
(h) Rules and regulations.--The Board of Pardons shall adopt rules and regulations governing actions of the board and all hearings and recommendations shall be subject to the rules and regulations.
(i) Recordkeeping.--The Board of Pardons shall keep records of all actions, which shall, at all times, be open for public inspection.
(j) Offices.--Upon request, the Department of Corrections shall make available facilities, administrative support and other assistance to the board. The Secretary of the Board of Pardons shall employ staff as necessary to carry out the board's duties under this chapter.
(k) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Crime of violence." As defined in 42 Pa.C.S. ยง 9714(g) (relating to sentences for second and subsequent offenses).
Structure Pennsylvania Consolidated & Unconsolidated Statutes