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Update: Please download the Alaska Board of Pardon and Parole's Information Booklet for Prospective Applicants
Applicable Form of Executive Clemency: Commutation
of Sentence
A commutation of sentence is a form of executive clemency.
It is a reduction or lessening of the original sentence,
usually taking the form of a reduction in the length
of imprisonment. In some cases, it may result in release
from prison. A commutation may be granted conditionally.
The Governor may impose any conditions and the time
the conditions may be in effect may extend beyond the
term of the original sentence or even for life.
Eligibility: Any person who has committed a
crime under the laws of the State or Territory of Alaska
may apply to the Governor for clemency at any time.
The power to grant clemency in Alaska does not extend
to crimes committed under Federal law, municipal law,
or the laws of another state.
Certain conditions must be met in order for an application
to be considered. No application for clemency will be
considered prior to judgment or commitment, or during
the course of an appeal from the conviction or sentence
for which clemency is being sought. Similarly, no application
for clemency will be considered while application is
being made for any form of post-conviction relief, including
a sentence reduction motion or Federal habeas corpus
motion.
Generally, applications for executive clemency will
not be considered until after the person has served
some portion of the sentence. Applications will not
be considered until the person has reached his or her
parole period. Every prisoner applying prior to his
or her parole eligible date must state substantial facts
showing why release on parole, when eligible, would
not meet the situation in the prisoner's case. Applications
for commutation will not be considered while parolees
are on parole.
Except for conditional commutations granted during
a prisoner-overcrowding emergency, an applicant must
demonstrate extraordinary circumstances in order to
receive a commutation of sentence.
If the application is denied, the Governor will not
accept resubmission of an application during the four-year
term of office unless substantial new information is
discovered.
Application Process: An applicant begins the
process for executive clemency by completing an Eligibility
Determination form which should be completed in
ink and mailed to:
ATTN: Clemency Determination
Alaska Board of Parole
P.O. Box 112000
Juneau, AK 99811-2000
Upon receipt of that form, within 30 days you will
receive notification of your eligibility (or not) for
presenting a full Executive Clemency Application. (If
you have a viable email address, that is the quickest
and preferred method for responding to you regarding
eligibility.... please provide it on the form if you
have one. That email address will be used by Board of
Parole clemency staff only, and will not be provided
to other parties.)
When you receive your notification of eligibilty,
you can continue the application process by completing
an application form from, and submitting it to:
Alaska Board of Parole
ATTN: Clemency
PO Box 112000
Juneau, AK 99811-20000
Tel: (907) 465-3384
Fax: (907) 465-3110
Click here
for downloadable clemency forms.
Clemency applications are also available at state
correctional facilities, probation offices, and the
Governor's office. When received, the application is
investigated by staff of the Board of Parole and a summary
is prepared and submitted to the Governor's Executive
Clemency Advisory Committee.
The clemency application must be typewritten or fully
completed in ink, and be legible. No one, including
the applicant, is entitled to attend the hearing. Applicants
must provide the date of conviction, crime of conviction,
court case number and the sentence imposed for each
conviction. This information can be obtained from the
clerk of court. In addition to the clemency application,
all applicants are required to complete and submit the
Executive Clemency Questionnaire Worksheet. Documents
relating to the completion or compliance with orders
of the court should also accompany the application.
Application forms are available from the Board of Parole.
The Executive Clemency Advisory Committee is comprised
of three persons: the Lieutenant Governor, the Attorney
General or a representative from the Department of Law,
and a public member. The committee meets as often as
necessary to review pending applications. In recent
years, Committee meetings have averaged two or three
times a year.
Following consideration and review of applications,
the Executive Clemency Advisory Committee prepares a
summary and recommendation for each application and
submits it to the Governor along with the complete file.
The Governor then reviews each case, makes a decision
and the applicant is notified of that decision. The
entire process, from the time of submission of an application
to the point of decision by the Governor, usually does
not exceed one year, but in some circumstances can take
longer.
Applicants for Executive Clemency should be aware
that virtually their entire history is considered in
evaluating an application for clemency. Applicants are
required to sign waivers permitting an investigation
of their employment and personal history.
Of particular importance will be the facts surrounding
the offense for which clemency is requested, the presentence
report, the record of the sentencing, progress reports
during incarceration and length of time already served.
Additional factors include the person's arrest and conviction
record for other offenses, and at times, the health
of the applicant. Compliance with orders and conditions
established by the court are especially important.
The comments of the Sentencing Judge, the District
Attorney involved in the case, and comments of the victim(s)
are solicited and considered by the Executive Clemency
Advisory Committee and the Governor.
The most important factor is the exceptional or extraordinary
circumstance of the applicant that would justify use
of the Governor's clemency power.
If clemency is granted, it does not become effective
until it is delivered and accepted by the applicant.
Once delivered, a conditional clemency may be revoked
by the Governor for violations of conditions imposed.
If clemency is granted, the applicant, as well as
appropriate officials will promptly receive an original
signed and sealed document of the grant of clemency.
A copy will also be sent to the sentencing court, and
the Alaska Department of Public Safety (Records Section),
to be retained in their files.
All records regarding the conviction are retained
by the appropriate agencies. There are no provisions
for expungement of criminal records upon a grant of
clemency.
Every effort has been made to make this information
accurate and up-to-date. Errors are inevitable and changes
occur frequently. We would appreciate learning of any
errors or inaccuracies regarding any information on
this Webpage as soon as possible. Please write to info@cjpf.org