BOARD OF PARDONS

In Delaware, the power to pardon is derived from constitutional authority, specifically, Article VII of the Delaware Constitution of 1897. Article VII provides that:

Section 1. The Governor shall have the power to remit fines and forfeitures and to grant reprieves, commutations of sentence and pardons, except in cases of impeachment; but no pardon...shall be granted, nor sentence commuted, except upon the recommendation in writing of a majority of the Board of Pardons, after full hearing...

Section 2. The Board of Pardons shall be composed of the Chancellor, Lieutenant Governor, Secretary of State, State Treasurer and Auditor of Accounts.

The Board of Pardons exists as a separate entity that has the authority to make recommendations to the Governor for or against pardons, reprieves, commutations of sentence, and executive clemency. The Governor cannot grant a pardon or commutation in the absence of a recommendation from the Board of Pardons. The Governor is not bound to accept the recommendation of the Board, but exercises an independent judgment in all cases.

Applications for a pardon or commutation are made in writing through the office of the Secretary of State, who acts as the secretary of the Board. The Board meets monthly in Dover and hears every application it receives. Individuals may and are encouraged to represent themselves before the Board when their cases are scheduled for presentation. The hearings of the Board are public hearings at which any person with an interest in the matter will normally be accorded an opportunity to speak. Decisions of the Board with respect to an application are often made in executive session of the Board at which the Board may discuss and debate the record. The result is recorded and filed in the office of the Secretary of State, who in turn notifies the Governor.

A fundamental distinction in the work of the Board is between pardons, which remove further punishment and restore civil rights, and commutations, which reduce a sentence while it is being served but may result in continued confinement of an inmate. In Delaware, a pardon does not remove the historical fact of the conviction from the state's official arrest and conviction records; it simply adds to the record that a pardon has been granted.

In Delaware, the Board of Pardons and the Board of Parole are separate entities. The Parole Board is a statutory, not a constitutional, body. It exercises discretionary judgment to grant paroles or supervised conditional release from incarceration when statutes permit. If a convicted person breaches one of the conditions of release established by the Parole Board, then the convicted person may be returned to prison to serve out the full sentence. The Board of Pardons has no administrative apparatus and no power to recommit a person.

As part of the requirements for filing a petition for pardon and commutation, the Board of Pardons requires that the applicant notify the judge who imposed the sentence on the applicant, the Attorney General, the chief of Police having jurisdiction of the place where the crime occurred, and the Superintendent of the Delaware State Police.

In Delaware, the Attorney General's office is responsible for notifying the victim and or surviving family members when the offender applies for a pardon or commutation. The Attorney General will present the opinion of the victims. The Board requests that a legal representative from the Attorney General's office attend all sessions of the Board.