Applicable Form of Executive Clemency: Commutation of Sentence
The Arkansas Constitution establishes the authority of the Governor to grant executive clemency, which includes commutations. The Governor relies on the recommendation of the Parole Board and will be not review any application that is not previously reviewed by the Board. The purpose of a commutation is to reduce a sentence imposed by the court to a lesser term or to time served. Arkansas law and the policies of the Governor and the Post Prison Transfer Board regulate the manner in which executive clemency applications are considered.
Eligibility: All inmates are eligible to apply.
Any applicant who is denied clemency shall not be eligible to reapply until four years from the date of denial. If the applicant is serving a life sentence without parole for a conviction of a crime other than capital murder, they will not be eligible to reapply until six years from the date of denial. If the applicant is serving a life sentence without parole for a conviction of capital murder, they will not be eligible to reapply until eight years from the date of denial.
The Governor of Arkansas can grant executive clemency only for convictions received in Arkansas courts.
Applicants who are currently incarcerated may obtain an application from the Institutional Release Officer (IRO) at their unit of assignment.
Applicants who are not currently incarcerated may obtain and send forms to:
The Arkansas Department of Communty Correction, Institutional Release Services
2801 South Olive Drive, Suite 6-D
Pine Bluff, AR 71601
Examples of grounds for filing an application are 1) to correct an injustice that may have occured during the person's trial, 2) a life-threatening medical condition, 3) to reduce an excessive sentence, or 4) if the person's institutional adjustment has been exemplary and the ends of justice have been achieved.
At least four Board members will individually review each clemency file and vote to recommend that clemency be granted, denied, or to schedule an hearing (a hearing is required for death sentence cases). After the review/hearing, the Board will submit to the Governor its recommendation, a report of the investigation, and any other information regarding the applicant.
After the Governor sets an execution date for death sentence cases, any applications for executive clemecy must be filed no later than forty days before the execution date. Late applications will not be accepted. When the execution date is set, the IRS office notifies the inmate and the inmate's attorney of the deadline. If the fortieth day is a Saturday, Sunday, or a holiday, an application filed on the next business day wll be accepted.
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 email@example.com
Last Updated 06/20/14