Nebraska State Constitution Article IV-13
IV-13.
Board of parole; members; powers; reprieves; proceedings; power to pardon; limitations.
The Legislature shall provide by law for the establishment of a Board of Parole and the qualifications of its members. Said board, or a majority thereof, shall have power to grant paroles after conviction and judgment, under such conditions as may be prescribed by law, for any offenses committed against the criminal laws of this state except treason and cases of impeachment. The Governor, Attorney General and Secretary of State, sitting as a board, shall have power to remit fines and forfeitures and to grant respites, reprieves, pardons, or commutations in all cases of conviction for offenses against the laws of the state, except treason and cases of impeachment. The Board of Parole may advise the Governor, Attorney General and Secretary of State on the merits of any application for remission, respite, reprieve, pardon or commutation but such advice shall not be binding on them. The Governor shall have power to suspend the execution of the sentence imposed for treason until the case can be reported to the Legislature at its next session, when the Legislature shall either grant a pardon, or commute the sentence or direct the execution, or grant a further reprieve.
Source
- Neb. Const. art. V, sec. 13 (1875);
- Amended 1920, Constitutional Convention, 1919-1920, No. 13;
- Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 13;
- Amended 1968, Laws 1967, c. 319, sec. 1, p. 852.
Annotations
The "conditions clause" permits the Legislature to enact laws placing conditions on when a committed offender is eligible for parole. Adams v. State, 293 Neb. 612, 879 N.W.2d 18 (2016).
This provision clearly entrusts the power of commutation to the Board of Pardons. State v. Bainbridge, 249 Neb. 260, 543 N.W.2d 154 (1996).
Sentencing judge's announcement he considered possible effect of statutes permitting prison authorities to ameliorate sentences did not violate constitutional due process, and sentences were not excessive. State v. Houston, 196 Neb. 724, 246 N.W.2d 63 (1976).
This section governs paroles after conviction and sentence and Post Conviction Act not available for that purpose. State v. Carpenter, 186 Neb. 605, 185 N.W.2d 663 (1971).
Limitation on power of Governor to reprieve did not prevent granting of successive reprieves which in aggregate might exceed thirty days. Simmons v. Fenton, 113 Neb. 768, 205 N.W. 296 (1925).
The word "offenses" is equivalent to "crimes." Governor cannot pardon until after conviction by a court. Champion v. Gillan, 79 Neb. 364, 112 N.W. 585 (1907).
Pardon is free gift from supreme authority confided to chief magistrate. Act authorizing justice of the peace to remit penalty for misdemeanor is not granting pardoning power. Pleuler v. State, 11 Neb. 547, 10 N.W. 481 (1881).