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Applicable Form of Executive Clemency: Commutation of Sentence
Eligibility: You must have paid all court costs, fines, and restitution
before your application will be considered. Please include receipts verifying
your payments of costs, fines, and restitution ordered by the court.
Application Process: Applications are obtained upon request from:
Office of the Governor
State Capitol
Des Moines, IA 50319
Tel: (515) 281-5211
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the application for executive clemency. Forms are for sample purposes only.
Failure to use the forms provided by the Office of the Governor may lead to
rejection of the application.
Send the fully completed application and letters of recommendation to:
N. Brian Gentry
General Counsel
Governor's Office
State Capitol Building
Des Moines, IA 50319
Tel: (515) 281-5211
Each application will be forwarded to the Department of Public Safety, Division
of Criminal Investigation for a full review of criminal and traffic violations
as well as credit history. Applicants are interviewed by a DCI agent. Please
note that a DCI agent may contact anyone who is listed on your application
as a contact person, reference, or who submits a letter of recommendation
to verify that the information provided is correct. According to law, these
materials will be reviewed by the Parole Board and the Board's recommendation
will be submitted to the Governor's Office.
Letters of Recommendation:
You are strongly encouraged to provide letters of recommendation from the
following people at the time you submit your application:
· Prosecuting attorney in your case
· Sentencing judge in your case
· County sheriff in your case or where you currently reside
· Minister, priest, rabbi, etc. (if applicable)
· Present and/or former employers
· Other reputable persons in the community who can testify as to the moral
character and good behavior of the applicant
If you are unable to obtain letters of recommendation from such individuals
due to factors beyond your control (retirement, relocation, deceased, etc.)
please include an explanation on your application.
You are encouraged to obtain as many letters of recommendation as possible.
If possible, talk to each letter writer personally and pick up each letter.
Letters of recommendation must state that the letter writer is aware that
you are seeking commutation. You may provide each letter writer with a copy
of these instructions.
The Governor of Iowa has criteria to review commutation applications. The
Governor must be convinced that an applicant can satisfy four conditions before
he can commute the sentence imposed. The conditions are as follows:
· Specific Deterrence: Whether the applicant would present a threat to public
safety if released.
· General Deterrence: Whether the granting of a commutation to a particular
applicant would weaken the deterrent effect of the punishment on other similarly-situated
people.
· Rehabilitation: Whether the applicant has restored himself or herself,
in dignity and capacity, to the level of an individual who deserves to rejoin
society, outside of a correctional institute, and move freely within the general
public.
· Retribution: Whether the applicant has suffered from the punishment imposed
to sufficiently justify the applicant's release from incarceration at a correctional
institute.
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
Last Updated: 12.21.01