Bill to pardon convicts awaits governor’s nod

Granting a wider elbow room for the members of the Board of Parole and a full capacity of the governor to pardon and exonerate a convicted felon, the House of Representatives yesterday approved amendments on Crimes and Criminal Procedures under the Commonwealth Code.

The amendments sought by Sen. Jose M. Dela Cruz through Senate Bill 12-102 was aimed at rectifying certain provisions that are seen to hamper the ability of the parole board to discharge mandates stipulated in the existing statutes.

The bill now heads to Gov. Pedro P. Tenorio for approval following deliberations on the House of Representatives and a consensus from the Senate.

Under SB 12-102, the governor may grant an absolute pardon which frees a person without any conditions, terminates any punishment and exonerates the person from any guilt or conviction, while a conditional pardon depends on performance of some act by the person for its validity and the partial pardon which remits only a portion of the punishment.

The amendments also give the governor the authority to absolve the person from a portion of the legal consequence and restores one or more of the individual’s civil liberties after conviction.

However, the power of the governor and the Board of Parole are restricted by certain exemptions such as a person convicted of a crime for which a mandatory minimum term of imprisonment has been provided pursuant to the existing statute shall not be eligible for the parole until the mandatory minimum term of imprisonment has been served.

The Legislature also stipulated that a felon whose eligibility for parole was restricted by the sentencing court shall not be eligible for parole during the period of restriction.

Parole will not be accorded also to a person charged civilly and criminally and committed for the purpose of receiving treatment for mental illness, disease or defect, after an adjudication of guilt.

In addition, those sentenced to serve life imprisonment shall not be eligible for parole until a term of at least 30 years incarceration has been served.

Despite the absolute power of the governor and the Board of Parole, the Legislature put in place a safety net to prevent irresponsible granting of parole by allowing the board to revoke any recommendations for pardon if violations has been clearly identified.

Amendments on 6 CMC Section 4202 also include possible removal of a member from the board and the conduct of parole hearings and meeting, and the conditions to be imposed upon parolees for the revocation of parole and re-parole after revocation. (EGA)