Professional Documents
Culture Documents
Reprieve
Reasons for reprieves include the possibility of
newly-discovered evidence (another's
involvement, evidence of mental impairment),
awaiting the result of some last-minute appeal,
or concern of the Governor that there may have
been some error in the record which he/she
should examine.
On occasion a reprieve has saved a man
found to be innocent. Upon the expiration of
the reprieve the date for execution can be
reset and the death penalty imposed. A
reprieve is only a delay and is not a
reduction of sentence, commutation of
sentence, or pardon.
1. to postpone or remit the punishment of
a person, especially one condemned to
death.
2. the postponement or remission itself
Reprieve
The State Board of Pardons and
Paroles may grant other forms of
clemency to meet special needs of
the criminal justice system.
Compassionate Reprieve
Since the Department of Corrections will
consider granting special and emergency leaves
to most inmates, the Board will only consider
requests for compassionate reprieves for
inmates eligible for special or emergency
leaves. These are; inmates who must travel out
of state, inmates who are serving for sex
crimes, and inmates serving life sentences.
Application to the Board for
compassionate reprieve may be made
at its central office in writing, in person,
or by phone. Compassionate reprieves,
no matter how compelling the
emergency, are not automatic.
The Parole Board has the constitutional
authority to grant a medical reprieve to
any inmate it finds to be entirely
incapacitated due to a progressively
debilitating terminal illness. The
Department of Corrections medical staff
recommends inmates for a medical
reprieve.
Medical Reprieve
The Board balances the sufficiency of
the punishment imposed on the offender
to date, with the cost of treating the
offender in a state prison and the
humanity of allowing the offender to die
outside the confines of a prison.
Although they are extremely limited in their
mobility, medically reprieved offenders are
supervised by a community supervision
officer. If the offender's medical prognosis
was in error and the offenders condition
improves, he or she will be returned to
prison to complete his or her sentence.
The Parole Board has the sole
constitutional authority to
commute, or reduce, a death
sentence to life or to life
without parole.
Commutation of a Death
Sentence
Only after an inmate appears to
have exhausted all appeals and
other judicial avenues of relief will
the Parole Board consider granting
a commutation to a death-
sentenced inmate.
At that time, the condemned
inmates attorney may petition the
Board to grant executive clemency
to his or her client.
The Board maintains a comprehensive
file on every death-sentenced inmate.
The file includes the circumstances of
the offense, the inmates criminal
history and a comprehensive history of
the life of the condemned inmate.
When an execution appears imminent, the Board
will usually grant separate appointments to the
inmates representatives and the District
Attorney who prosecuted the case, along with
the victims family, if they so desire. The Board
has senior members of its staff interview the
condemned inmate.
After the Board has heard from all
concerned parties and has fully deliberated
and considered the case, each Board
Member casts a confidential vote to grant
or to deny a commutation of the death
sentence. A grant of commutation requires
the affirmative vote of three of the five
members of the Board.