GEORGIA cont'd CRS-25 There shall be a State Board of Pardons and Paroles composed of three members, who shall be appointed by the Governor and confirmed by the Senate. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State, after conviction except in cases of treason or impeachment, and except in cases in which the Governor refuses to suspend a sentence of death. 2. Georgia Code Annotated, $27-2701 Reprieves and pardons, State Board of Pardons and Paroles The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State, after conviction except in cases of treason or impeachment, and except in cases in which the Governor refuses to suspend a sentence of death Following the effective date of this Chapter, all pardons shall relieve from civil and political disabilities. HAWAII References are to the Constitution of the State of Hawaii, the Hawaii Revised Statutes, the 1975 Supplement. The 1976 Session laws have been examined. No person who is non compos mentis and no person convicted of a felony, unless pardoned and restored to his civil rights, shall be qualified to vote. whenever the clerk receives from the department of health or any informing agency information of the death, loss of voting rights of a person sentenced for a felony as provided in section 831-2, adjudication of insanity of feeblemindedness, loss of citizenship, or any other disqualification to vote, of any person registered to vote in his county, or who he has reason to believe may be registered to vote therein, he shall thereupon make such investigation as he may deem necessary to prove or disprove the information, giving the person concerned, if available, notice and an opportunity to be heard. If after the investigation he finds that the person is dead, or non compos mentis, or has lost his voting rights pursuant to section 831-2, or has lost his citizenship, or is disqualified for any other reason to vote, he shall remove the name of the person from the register. The clerk shall make and keep an index of all information furnished to him under any requirements of law concerning any of the matters in this section. Whenever any person applies to register as a voter, the clerk shall, before registering the person, consult the index for the purpose of ascertaining whether or not the person is in any manner disqualified to vote. Any person whose name is removed from the register of voters under this section may appeal in the manner provided by section 11-26 and 11-51, and such proceedings shall be had upon the appeal as in other appeals under these sections. (a) A person sentenced for a felony, from the time of his sentence until his final discharge, may not: (1) Vote in an election, but if execution of sentence is suspended with or without the defendant being placed on probation or he is paroled after commitment to imprisonment, he may vote during the period of the suspension or parole; or (2) Become a candidate for or hold public office. In this chapter, "felony" means an offense that is punishable with imprisonment for a term which is in excess of one year. 90-231 - 82 57 Section 5. The governor shall be responsible for the faithful execution of the laws. He shall be commander in chief of the armed forces of the State and may call out such forces to execute the laws, suppress or prevent insurrection or lawless violence or repel invasion. He shall at the beginning of each session, and may, at other times, give to the legislature information concerning the affairs of the State and recommend to its consideration such measures as he shall deem expedient. The governor may grant reprieves, commutations and pardons, after conviction, for all offenses, subject to regulation by laws as to the manner of、applying for the same. The legislature may, by general law, authorize the governor to grant pardons before conviction, to grant pardons for impeachment and to restore civil rights denied by reason of conviction of offenses by tribunals other than those of this State. The governor shall appoint an administrative director to serve at his pleasure. 2. Hawaii Revised Statutes, 4831-3 Rights Retained By Convicted Person Except as otherwise provided by this chapter, a person convicted of a crime (not a felony) does not suffer civil death or corruption of blood or sustain loss of civil rights or forfeiture of estate or property, but retains all of his rights, political, personal, civil, and otherwise, including the right to hold public office or employment, to vote, to hold, receive, and transfer property, to enter into contract, to sue and be sued, and to hold offices of private trust in accordance with law. 3. Hawaii Revised Statutes, $831-5 (a) If the sentence was in this State, the order, certificate, or other instrument of discharge, given to a person sentenced for a felony upon his discharge after completion of service of his sentence or after service under probation or parole, shall state that the defendant's rights to vote and to hold any future public office, of which he was deprived by this chapter, are thereby restored and that he suffers no other disability by virtue of his conviction and sentence except as otherwise provided by this chapter. A copy of the order or other instrument of discharge shall be filed with the clerk of the court of conviction. HAWAII cont'd CRS-28 (b) If the sentence was in another state or in a federal court and the convicted person has similarly been discharged by the appropriate authorities, the director of social services of this State, upon application and proof of the discharge in such form as the director of social services (and housing] may require, shall issue a certificate stating that such rights have been restored to him under the laws of this State. (c) If another state having an act similar to this chapter issues its certificate of discharge to a convicted person stating that the defendant 's rights have been restored, the rights of which he was deprived in this State under this chapter are restored to him in this State. IDAHO References are to the Constitution of the State of Idaho, the Idaho Code, the 1975 Cumulative Pocket Supplement. The 1976. Session laws have been examined. No person is permitted to vote, serve as a juror, or hold any civil office who is under guardianship, idiotic or insane, or who has, at any place, been convicted of treason, felony, embezzlement of the public funds, bartering or selling, or offering to barter or sell his vote, or purchasing or offering to purchase the vote of another, or other infamous crime, and who has not been restored to the rights of citizenship, or who, at the time of such election, is confined in prison on conviction of a criminal offense, or who is a bigamist or polygamist, or is living in what is known as patriarchal, plural or celestial marriage, or in violation of any law of this State, or of the United States, forbidding any such crime; or who, in any manner, teaches, advises, counsels, aids, or encourages any person to enter into bigamy, polygamy, or such patriarchal or plural marriage, or which teaches or advises that the laws of this State prescribing rules or civil conduct, are not the supreme law of the State. 2. Idaho Code, $34-403 Disqualified Electors No elector shall be permitted to vote if he is disqualified as provided in article 6 sections 2 and 3 of the state constitution. From and after July 1, 1947, such board as may hereafter be created or provided by legislative enactment shall constitute a board to be known as the board of pardons. Said board, or a majority thereof, shall have power to remit fines and forfeitures, and to grant commutations and pardons after conviction and judgment, either absolutely or upon such conditions as they may impose in all cases of offenses against the State except treason or conviction on inpeachment. The legislature shall by law prescribe the sessions of said board and the manner in which application shall be made, and regulate proceedings thereon, but no fine or forfeiture shall be remitted and no commutation or pardon granted except by the decision of a majority of said board after a full hearing in open session, and until previous notice of the time and place of such hearing and the release applied for shall have been given by publication in some newspaper of general circulation at least once a week for four weeks. The proceedings and decision of the board shall be reduced to writing and with their reasons for their action in each case, and the dissent of any member who may disagree, signed by him and filed, with all papers used upon the hearing, in the office of the secretary of state. 2. Idaho Code, $20-240 Respites, Reprieves and Pardons The governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the state, except treason or imprisonment on impeachment, but such respites or reprieves shall not extend beyond the next session of the commission; and such commission shall at such session continue or determine such respite or reprieves, or may commute or pardon the offenses as herein provided. In cases of conviction of treason, the governor shall have the power to suspend the execution of the sentence until the case shall be reported to the legislature at its next regular session, when the legislature shall either pardon or commute the sentence, direct its execution or grant a further reprieve. ILLINOIS References are to the Constitution of the State of Illinois, the Illinois Annotated Statutes, the 1976-77 Cumulative Annual Pocket Part. The 1976 Session laws have been examined. |