(a) The Board of Pardons as constituted by article VII of the Constitution of this State shall have power to issue subpoenas requiring the attendance of such witnesses and the production of such records, books, papers and documents necessary for investigation of the case of any person before it. Subpoenas may be signed and oaths administered by any member of the Board. Subpoenas so issued may be served by Department employees or by any person authorized to serve subpoenas by the Rules of Civil Procedure of the Superior Court and shall be served and returned as provided by said Rules. (b) The fees of witnesses shall be the same as allowed in the Superior Court and shall be paid by the State Treasurer from any moneys in the Treasury of the State not otherwise appropriated, upon a warrant signed by a member of the Board and its secretary. (c) Any person who testifies falsely or fails to appear when subpoenaed, or refuses to produce such material pursuant to the subpoena, shall be subject to the same orders and penalties to which a person before the Superior Court is subject. (d) (1) Upon the application for a pardon, the Board shall notify the Superior Court and the Department of Justice of the application. (2) The Department of Justice, in cooperation with the Superior Court, shall send notice of the application for a pardon to each person who was a victim or witness of the offense that is the basis for the application for the pardon. For purposes of this section: a. "Offense" means a "crime" as defined in § 9401 of this title. b. "Representative of the victim" and "victim" mean as defined in § 9401 of this title. c. "Witness" means an individual who testified for the prosecution at the trial which is the basis for the application for the pardon. "Witness" does not include a law enforcement officer, an individual who testified merely as an expert witness, or any person who was merely a custodian of the evidence, with no knowledge of the circumstances of the offense. (3) The notice under paragraph (d)(2) of this section must contain the time, date, and place where the matter will be heard by the Board. a. If a victim or witness is known to be deceased, a child, or an individual who is unable to meaningfully understand or participate in the proceeding because of a physical, psychological, or mental impairment, a good faith effort must be made to send the notice required under paragraph (d)(2) of this section as follows: 1. To the representative of the victim. 2. To the parent, guardian, or custodian of the witness. b. Notice required under this section must be provided under § 9414(a) of this title. (4) Each victim or witness under paragraph (d)(2) of this section must be permitted to testify at the pardons hearing. A victim or witness may, in lieu of appearing before the Board, submit a written statement to the Board at any time before the hearing. (e) The Superior Court, upon application of the Board, may in its discretion compel the attendance of witnesses, the production of such material and the giving of testimony before the Board, by an attachment for contempt or otherwise in the same manner as production of evidence may be compelled before the Superior Court. (f) Upon the request of the Board of Pardons, the Department, to the extent authorized by the Commissioner, shall make investigations and recommendations and report thereon with respect to any application before the Board of Pardons.
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