37 Pa. Code § 81.202

Current through Register Vol. 54, No. 44, November 2, 2024

Section 81.202 - Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Application-The official form which shall be used to request a clemency hearing before the Board.

Board-The Board of Pardons of the Commonwealth.

Calendar-A published schedule of applications listed for public hearings during a particular session.

Capital case-A case in which the applicant has requested a commutation of death sentence to life imprisonment.

Clemency-The power of the Governor to pardon or commute a criminal sentence based upon recommendations by the Board.

Commutation-The reduction of a legal penalty or punishment.

Crime of violence-Includes the following:

(i) Murder of the third degree, voluntary manslaughter, rape, sexual assault, involuntary deviate sexual intercourse, aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) (relating to aggravated assault), robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i),(ii) or (iii) (relating to robbery) or kidnapping.

(ii) An attempt to commit murder of the third degree, voluntary manslaughter, rape, sexual assault, involuntary deviate sexual intercourse, aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1), robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i),(ii) or (iii) or kidnapping.

(iii) An offense committed while in visible possession of a firearm for which sentencing was imposed under 42 Pa.C.S. § 9712 (relating to sentences for offenses committed with firearms).

Filing-The receipt of the application by the Board's office.

Final adverse decision-One of the following:

(i) The denial of a public hearing by the Board.

(ii) The Board not recommending an application to the Governor.

(iii) The Governor denying an application.

Merit review-The process of reviewing an application by the Board to determine if the application has sufficient merit to hold a public hearing on the matter.

Merit review vote-A public vote by the Board to determine if a public hearing will be held on an application.

Pardon-Forgiveness; an act of grace from governing power which mitigates the punishment the law demands for the offense and restores the rights and privileges forfeited on account of the offense. The term does not mean expungement of the record.

Secretary-The administrator of the Board.

Vote-Action on approval or disapproval taken by a quorum of the Board at a public hearing.

37 Pa. Code § 81.202

The provisions of this §81.202 adopted April 18, 1997, effective 4/19/1997, 27 Pa.B. 1929.