§ 81.202. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ApplicationThe official form which shall be used to request a clemency hearing before the Board.
BoardThe Board of Pardons of the Commonwealth.
CalendarA published schedule of applications listed for public hearings during a particular session.
Capital caseA case in which the applicant has requested a commutation of death sentence to life imprisonment.
ClemencyThe power of the Governor to pardon or commute a criminal sentence based upon recommendations by the Board.
CommutationThe reduction of a legal penalty or punishment.
Crime of violenceIncludes 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).
FilingThe receipt of the application by the Boards office.
Final adverse decisionOne 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 reviewThe 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 voteA public vote by the Board to determine if a public hearing will be held on an application.
PardonForgiveness; 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.
SecretaryThe administrator of the Board.
VoteAction on approval or disapproval taken by a quorum of the Board at a public hearing.
The provisions of this § 81.202 adopted April 18, 1997, effective April 19, 1997, 27 Pa.B. 1929.
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