§5-1-16. Remission of fines and penalties; commutation of


Published: 2015

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WEST VIRGINIA CODE











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WVC 5-1-16

§5-1-16. Remission of fines and penalties; commutation of

sentences; reprieves; paroles; pardons.

The governor shall have power to remit fines and penalties, in

such cases and under such regulations as now are or may be

prescribed by law; to commute capital punishment, and, except where

the prosecution was carried on by the House of Delegates, to grant

reprieves, paroles and pardons, after conviction; but he shall

record in the journal of executive proceedings and communicate to

the Legislature, at its next session, the particulars of every case

of fine or penalty remitted, of punishment commuted, and of

reprieve, parole or pardon granted, with his reasons therefor. In

any case wherein the governor has power to grant a pardon, instead

of granting the same unconditionally, he may, after sentence, grant

it upon such conditions as he may deem proper, with the assent of

the person sentenced; and, for the purpose of carrying into effect

such conditional pardon, the governor may issue his warrant

directed to any proper officer, who shall obey and execute it,

instead of the sentence originally awarded. In any case in which

the governor shall exercise the power conferred on him by the

constitution to commute capital punishment, he may issue his order

to the warden of the penitentiary, requiring him to receive and

confine (and the warden shall receive and confine) in the

penitentiary, according to such order, the person whose punishment

is commuted. To carry into effect any commutation of punishment,

the governor may issue his warrant directed to any proper officer, who shall obey and execute the same.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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