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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