GOVERNOR CRIST OPENS CLEMENCY REPORT FOR APPLICANTS

October 31, 2007

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GOVERNOR'S PRESS OFFICE
(850) 488-5394

TALLAHASSEE – Governor Charlie Crist announced today that Florida’s clemency applicants appearing before the Board of Executive Clemency will now receive their case analysis reports prepared by the Parole Commission prior to the scheduled hearing. Previously, the reports remained confidential and were provided only to members of the Board of Executive Clemency. The Governor’s announcement comes as a result of public testimony during public hearings of the Commission on Open Government.
“Individuals applying for clemency should have the same information available to them that decision makers on the Board of Executive Clemency have,” said Crist. “I believe providing the clemency reports to applicants or their representatives will make our system of justice fairer, and I am thankful that the Commission on Open Government has brought this issue to the forefront.”
Governor Crist created the Commission on Open Government in June 2007, and directed them to review policies and statutes related to Florida’s Sunshine Laws, including Article 1, Section 24, of the Florida Constitution and Chapters 119 and 286.011 of the Florida Statutes. During the Commission on Open Government’s August meeting, two witnesses testified about difficulties they experienced in assisting clemency applicants, due to the secrecy that surrounded the process.
“I would like to propose the current clemency information policies be modified to include the release of all information to an inmate’s lawyer or professional representative or to the inmate if he or she is filing without representation. I believe this modification would facilitate a much more fair and balanced outcome for all,” said Lynda Markham, Indian Harbor Beach, Florida, during her testimony at the public hearing.
Section 14.28, Florida Statutes, grants the Governor authority to release confidential information. The case analysis report includes a summary of the offense, criminal and traffic history, personal background information, and the Parole Commission’s recommendation to the Clemency Board. The case analysis report will be provided to the applicant or their authorized representative prior to their hearing date. Information provided by victims, prosecutors and judges will remain confidential due to public safety concerns.
For more information about the Commission on Open Government, please visit www.flgov.com/og_home.
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