[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR1.6]

[Page 98]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 1--EXECUTIVE CLEMENCY--Table of Contents
 
Sec. 1.6  Consideration of petitions; notification of victims; recommendations to the President.

    (a) Upon receipt of a petition for executive clemency, the Attorney 
General shall cause such investigation to be made of the matter as he or 
she may deem necessary and appropriate, using the services of, or 
obtaining reports from, appropriate officials and agencies of the 
Government, including the Federal Bureau of Investigation.
    (b)(1) When a person requests clemency (in the form of either a 
commutation of a sentence or a pardon after serving a sentence) for a 
conviction of a felony offense for which there was a victim, and the 
Attorney General concludes from the information developed in the 
clemency case that investigation of the clemency case warrants 
contacting the victim, the Attorney General shall cause reasonable 
effort to be made to notify the victim or victims of the crime for which 
clemency is sought:
    (i) That a clemency petition has been filed;
    (ii) That the victim may submit comments regarding clemency; and
    (iii) Whether the clemency request ultimately is granted or denied 
by the President.
    (2) In determining whether contacting the victim is warranted, the 
Attorney General shall consider the seriousness and recency of the 
offense, the nature and extent of the harm to the victim, the 
defendant's overall criminal history and history of violent behavior, 
and the likelihood that clemency could be recommended in the case.
    (3) For the purposes of this paragraph (b), ``victim'' means an 
individual who:
    (i) Has suffered direct or threatened physical, emotional, or 
pecuniary harm as a result of the commission of the crime for which 
clemency is sought (or, in the case of an individual who died or was 
rendered incompetent as a direct and proximate result of the commission 
of the crime for which clemency is sought, one of the following 
relatives of the victim (in order of preference): the spouse; an adult 
offspring; or a parent); and
    (ii) Has on file with the Federal Bureau of Prisons a request to be 
notified pursuant to 28 CFR 551.152 of the offender's release from 
custody.
    (4) For the purposes of this paragraph (b), ``reasonable effort'' is 
satisfied by mailing to the last-known address reported by the victim to 
the Federal Bureau of Prisons under 28 CFR 551.152.
    (5) The provisions of this paragraph (b) apply to clemency cases 
filed on or after September 28, 2000.
    (c) The Attorney General shall review each petition and all 
pertinent information developed by the investigation and shall determine 
whether the request for clemency is of sufficient merit to warrant 
favorable action by the President. The Attorney General shall report in 
writing his or her recommendation to the President, stating whether in 
his or her judgment the President should grant or deny the petition.

[Order No. 2323-2000, 65 FR 58223, Sept. 28, 2000]