Kura, Wilford & Schregardus Co., L.P.A.

Kura, Wilford & Schregardus Co., L.P.A.


Kura, Wilford & Schregardus Co., L.P.A. - Executive Clemency
Kura & Wilford Co., L.P.A.
     
 
Executive Clemency
 
 
 
  Among all post-conviction remedies, Executive Clemency is the most unique. Under the Ohio Constitution, the Governor of th State of Ohio has broad power to grant Executive Clemency. Executive Clemency comes in two forms: (1) commutation; and (2) pardon.  
     
  Commutation is changing the sentence in a criminal case. The governor enjoys plenary power to shorten a prison sentence, to make an inmate immediately eligible for a paroled release, to change the conditions of a  supervised release, or to extinguish or reduce fines.

Pardon is absolving 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, firearms ownership, and immigration status.
 
     
  The Ohio Parole Board has an important role in the clemency process. The governor may not grant clemency until the parole board has investigated the clemency request and made a recommendation. The governor is free to disregard that recommendation, but cannot act until the recommendation is rendered.

Clemency applications are filed with the Ohio Parole Board. Upon request, the parole board will forward the appropriate forms to an applicant. After the application is completed and submitted, the parole board will investigate and vote on whether a hearing should be held. In the case of an application for commutation of a prison sentence, the hearing takes place at the prison and is conducted by an Ohio Parole Board member, much in the same manner as a Parole Release Hearing. In the case of an application for commutation for someone who is not incarcerated (changing conditions of a supervised release or extinguishing or reducing fines), the hearing takes place at the Ohio Parole Board office in Columbus, Ohio. Immediately after the hearing, the Ohio Parole Board adjourns into executive session and votes to determine the recommendation that will be presented to the governor.
 
     
  After the parole board has determined its recommendation, that recommendation is forwarded to the governorís Office of Legal Counsel along with the application. The governor's Office of Legal Counsel conducts an independent application review, then submits all pertinent documentation to the governor, who completes his own review and makes a personal decision to grant or deny clemency.

One important thing to know is that the Ohio Parole Board has adopted a policy that precludes an application for clemency if clemency has been applied for and denied within the preceding two years.
 
     

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