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Applicable Form of Executive Clemency: Commutation of Minimum Sentence

In this case, the Governor reduces the minimum time necessary to be served so that the Board of Parole (and other diversionary programs) can assume jurisdiction of the case. This concession does not erase the record of previous convictions.

Eligibility - Who can request this privilege?

Any person imprisoned in a Puerto Rican penal institution and/or sentenced by a state court.

Application Process: The executive clemency procedure provides a means through which the Chief Executive can pardon those persons who have been convicted and sentenced in Puerto Rico for committing a crime. The procedures are free of charge.

Click here for the Petition for Executive Clemency. Forms are for sample purposes only. Failure to use the forms from the Board of Parole may lead to rejection of the application.

Persons interested in requesting executive clemency should deliver the following documents to the Board of Parole, either in person or by mail:

1) Petition for Executive Clemency (original and a copy). This should be completed with a computer, typewriter or in black ink.

2) Certificate of Previous Penalties (original and issued within the last six months). The application for obtaining the Certificate of Previous Penalties is available at the Police Department.

3) Two copies of the certificate for each sentence received. Copies of these certificates can be requested from the Secretary of the court that imposed the sentence.

4) Two recent 2x2 photos of the prisoner.

5) If the prisoner is a foreign resident, he or she should submit a copy of the authorization card for legal residence.

The documents listed above should be sent to the Board of Parole, at the following address:

Board of Parole
P.O. Box 40945
San Juan, P.R. 00940-945

For additional information, call (787) 754-8115 ext. 327 or 240.

** Be sure to include all of the documents with the application form. If you do not, it will be returned because it is incomplete **

What is the administrative procedure for executive clemency?

At the office of the Board of Parole, the request for clemency is entered in the Electronic Register and assigned a number. This creates the file for the petition. Through the Register, the Board follows the status of the petition by recording the dates that the documents are received and referred. The Board sends a copy of the documents to the Community Program of the Administration of Corrections so that a social worker can evaluate and confirm the information.

The Board designates an official examiner to analyze the petition.

Having analyzed all of the information, the Board (the President and four Associate Members) evaluates the case and submits its recommendation about the Petition for Executive Clemency to the Governor.

THE GOVERNOR DETERMINES WHETHER OR NOT TO CONVEY THE PRIVILEGE OF EXECUTIVE CLEMENCY.

The investigations and evaluations described above are carried out in a strictly confidential manner. Nevertheless, in the course of this process the prisoner may request information about the progress of the process and receive guidance.

Questions

What is executive clemency in Puerto Rico?

It is a privilege that the Governor of Puerto Rico grants to persons who want to erase their Certificate of Previous Penalties of crimes they committed and/or who want to reduce the sentences they are serving for a criminal conviction.

What is the function of the Board of Parole in executive clemency?

The Board of Parole transmits the petition and advises the Governor in granting executive clemency.

What should the prisoner do to request executive clemency?

Visit the office of the Board of Parole to obtain the Petition for Executive Clemency request form. Present the petition for executive clemency to the Board of Parole along with the Certificate of Previous Penalties, two copies of the sentence for each crime and two recent 2x2 photos of the prisoner.

What are the categories of Executive Clemency?

TOTAL REPRIEVE: Frees the prisoner convicted of the crime without condition and erases the record of previous convictions.

CONDITIONAL REPRIEVE: Frees the prisoner convicted of the crime and erases the record of previous convictions under certain conditions. Noncompliance with these conditions can result in the revocation of this privilege.

COMMUTATION OF MINIMUM SENTENCE: In this case, the Governor reduces the minimum time necessary to be served so that the Board of Parole (and other diversionary programs) can assume jurisdiction of the case. This concession does not erase the conviction record.

COMMUTATION OF MAXIMUM SENTENCE: The Governor terminates the sentence and the prisoner is freed unconditionally. In this case, the conviction record is not erased.