| (a) The Board will consider recommending to the Governor
a commutation of sentence upon a request accompanied by the written
recommendation of a majority of the trial officials.
(b) If the offender has the recommendation of two of
the current trial officials and no written communication is received
from the third trial official, the Board shall give the remaining
trial official notice that such a clemency recommendation is being
considered by the Board.
(c) In cases tried prior to the tenure of the present
office-holders, the recommendation of persons holding such offices
at the time of the trial of the case may be used to bolster and support
the recommendation of the current trial officials, if in compliance
with the requirements of subsection (d) of this section.
(d) The requirements of a recommendation of the current
trial officials for commutation of sentence must include the following:
(1) a statement that the penalty now appears to be
excessive;
(2) a recommendation of a definite term now considered
by the officials as just and proper; and
(3) a statement of the reasons for the recommendation
based upon facts directly related to the facts of the cases and in
existence, but not available to, the court or jury at the time of
the trial, or a statutory change in penalty for the crime which would
appear to make the original penalty excessive.
(e) If the offender is not confined in the TDCJ-CID,
a certified copy of the judgment and sentence must be furnished.
|
| Source Note: The provisions of this §143.52 adopted to be effective January 1, 1976; amended to be effective March 17, 1987, 12 TexReg 733; amended to be effective August 15, 1989, 14 TexReg 3812; amended to be effective February 18, 2009, 34 TexReg 1096; amended to be effective September 13, 2012, 37 TexReg 7191; amended to be effective November 9, 2014, 39 TexReg 8599; amended to be effective May 9, 2018, 43 TexReg 2796 |
