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Applicable Form of Executive Clemency: Commutation of Sentence

Eligibility: No application for commutation of sentence shall be accepted for at least 15 months or reheard for 18 months after the rejection of a prior application. This limitation can be waived at the discretion of the Board of Pardons.

Except in cases involving capital punishment or extraordinary circumstances, no petition will be heard on a case that has any proceeding pending in any court, State or Federal (e.g. appeal, post-conviction remedy, habeas corpus).

No application for commutation of sentence which includes a first degree murder conviction shall be accepted for 33 months or reheard for 36 months from the date of any decision on a prior application. This limitation can be waived at the discretion of the Board.

The Board of Pardons will consider an application for a commutation of sentence by an inmate who has been incarcerated for the distribution of a controlled substance to a minor only after the inmate has been examined by a psychiatrist and a psychologist. Examinations are conducted within a 12-month period immediately preceding consideration of the case. Any psychiatrist or psychologist who examines an applicant shall furnish to each member of the Board of Pardons a report containing their findings, opinions as to the mental and emotional health of the applicant, and opinions as to the probability of the applicant again committing any crime, if released.

Application Process: There is no official application form. The Delaware Board of Pardons' website provides detailed instructions about applying for a commutation of sentence. Click here for those instructions.