EXECUTIVE CLEMENCY
Among all post-conviction remedies, executive clemency is the most unique. Under the Ohio constitution, the Governor of Ohio has broad power to grant executive clemency. Executive Clemency comes in two forms: (1) Commutations; and (2) Pardons.
A “commutation” is the executive power to change a sentence in a criminal case. The Governor enjoys plenary power to shorten a prison sentence, to make an inmate immediately eligible for parole release, to change the conditions of supervised release, or to extinguish or reduce fines.
A “pardon” is an executive power to absolve a person of legal guilt. The person who receives a pardon no longer has a record of criminal conviction. Importantly, the grant of a pardon relieves the person of any collateral consequences of his prior legal conviction, such as employment opportunities, state licensing matters, firearm ownership, and immigration status.
The Ohio Parole Board has an important role in the clemency process. The Governor’s power to grant clemency is conditional upon the Parole Board investigating a request for clemency and making a recommendation to the Governor. The Governor is free to disregard the recommendation, but cannot act until the recommendation is rendered.
Clemency applications are filed with the Ohio Parole Board upon forms promulgated by the Board. Upon request, the Parole Board will forward applications to an applicant. After investigation, the Parole Board will vote on whether a hearing should be held upon application. In the case of an application for commutation of a prison sentence, the hearing takes place at the prison and is conducted by a Parole Board Member, much in the same way as a parole release hearing is conducted. In the case of an un-incarcerated applicant, the hearing takes place at the Parole Board in Columbus, Ohio. Following the hearing, the Parole Board adjourns into executive session and votes on a recommendation for the Governor.
Following the Parole Board’s recommendation, the application is forwarded to the Governor’s Office of Legal Counsel, which conducts an independent review of the application. The Governor then considers the application and makes a personal decision to grant or deny clemency.
One important thing to know is that the Parole Board has adopted a policy which precludes an investigation of an application for clemency which has been previously denied within the preceding two years.