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Michigan

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Applicable Form of Executive Clemency: Commutation of Sentence

Definition:The Governor converts the sentence (usually a life sentence) to a term of years which may result in the parole board getting jurisdiction. A commutation does not guarantee release. It simply makes the prisoner eligible for parole.

Eligibility: According to Administrative Rule 791.7760(2), the Parole Board can accept an inmate's application once every two years. If an inmate's application is significantly different upon reapplying, the Board may waive the two-year rule.

Application Process: Application forms can be obtained by contacting:

Michigan Department of Corrections
Office of the Parole Board
Pardons and Commutations Coordinator
Attn: Russ Marlan
P.O. Box 30003
Lansing, MI 48909
(517) 335-1426

Click here for downloadable clemency forms.

The application form includes name, prisoner number, location, date of birth, type of crime for which you are requesting commutation, date of offense, name of court in which you were tried, the name of the judge who tried you, and sentence conferred. You must also provide an explanation of the circumstances of the crime, reasons for seeking clemency, and other information that may be relevant to a commutation hearing.

Two notarized copies of the application form and all supporting documentation must be submitted to the Parole Board.

Within 60 days of receiving an application for commutation, the Parole Board must conduct a review of the application to determine whether the application has merit. If however, you have filed an identical application in the past two years that has been denied, the Board may take no action.

If the Parole Board determines that the application does not have merit, the application with the determination of "No Merit" will be sent directly to the Governor's office for a final decision.

If the Parole Board determines that the application has merit, the judge and the prosecutor in the sentencing county will be asked for their position on the application. If neither objects to the application, the Parole Board will hold a public hearing.

At the public hearing, the applicant may testify and present relevant witnesses and oral documentary evidence. Retained or appointed counsel may represent the applicant. The Department of the Attorney General will represent the public. A person who is a victim of the applicant's offense will be given an opportunity to address and be questioned by the Parole Board or to submit written testimony for a public hearing.

After the public hearing, the Parole Board will send the application, a transcript of the public hearing, and its determination of merit to the Governor's office for a final decision. The Governor's office will notify an applicant once the final decision has been made.

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: 01.24.07



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