Applicable Form of Executive Clemency: Commutation of Sentence
Eligibility: Petitions of offenders sentenced under "New Code" (IC 35-50 (Indiana Administrative Code)) and who have been sentenced to a period of time in excess of ten years, may be considered after the offender has served one-third of the sentence or at least 20 years, whichever comes first. Petitions of offenders serving life sentences ("Old Code") may be considered after the offender has served ten years.
For purposes of clemency, the "sentence" is the maximum time the offender could possibly be incarcerated. The "sentence" is calculated by totaling the number of years of consecutive sentences or consecutive parts of sentences when sentences overlap.
For purposes of clemency, the amount of time that has been served on a sentence is determined without regard to credit time or good time that has been earned either prior to or following sentencing. Credit for time served prior to sentencing ("jail time credit") shall be counted towards the amount of time served on a sentence to the extent that it reflects the actual number of days incarcerated prior to sentencing.
Offenders who have served their minimum sentence and are eligible for parole consideration are not eligible for clemency consideration.
No petition will be considered if the offender does not have a clear institutional record for twelve months immediately preceding the hearing. An offender does not have a clear institutional record if the record shows a conviction of a major violation or two or more minor violations.
No petition will be considered unless the offender has at least one year remaining to be served from the date of his clemency hearing before the Parole Board and his projected release date.
A petition that is denied may be reconsidered:
- After one year, upon request of the offender, if the sentence is sixty years or less
- After two years, if the sentence is a single life sentence or greater than sixty years
- After 5 years, if the sentence is more than one life sentence
Application Process: All petitions must be filed on forms provided by the Board. Inmates should be able to obtain an official petition form from the facility where they are incarcerated. Completed forms should be sent to the Board at the following address:
Indiana Parole Board
402 W. Washington St., Rm. W466
Indianapolis, IN 46204-2278
*This application is for sample purposes only. Forms are to be requested from the facility at which the offender is incarcerated. Failure to use official forms may lead to rejection of the application.
The statements of the trial judge and the trial prosecuting attorney must be included in the petition for clemency. If either the trial judge or the trial prosecuting attorney is deceased or otherwise unavailable, then a statement from the successor(s) in office will be accepted. If either or both parties decline making a statement, this fact shall be recorded in the petition along with the name and office of the persons contacted to make a statement.
An investigation of the attitudes and opinions of the community in which the crime occurred, of the victim or of the relatives and friends of the victim, or of the friends of the offender may be required by the Parole Board prior to making its recommendations to the Governor.
A report of the offender's medical, psychological and psychiatric condition and history may be required by the Parole Board prior to making its recommendation to the Governor. (220 IAC 1.1-4-4)
In making its recommendation to the Governor, the Parole Board shall consider:
- The nature and circumstances of the crime for which the offender is committed, and the offender's participation in that crime.
- The offender's prior criminal record.
- The offender's conduct and attitude during commitment.
- The best interests of society.
In making its recommendation to the Governor, the Parole Board may consider:
- The offender's previous social history.
- The offender's employment during commitment.
- The offender's education and vocational training both before and during commitment.
- The offender's age at time of committing the offense and his age and level of maturity at the time of the clemency appearance.
- The offender's medical condition and history.
- The offender's psychological and psychiatric condition and history.
- The offender's employment history prior to commitment.
- The relationship between the offender and the victim of the crime.
- The offender's economic condition and history.
- The offender's previous parole or probation experiences.
- The offender's participation in substance abuse programs.
- The attitudes and opinions of the victim of the crime, or the relatives of the victim.
- The attitudes and opinions of the friends and relatives of the offender.
- Any other matter reflecting upon the likelihood that the offender, if released upon parole, is able to and will fulfill the obligations of a law abiding citizen.
- The offender's proposed places of employment and of residence where he is to be released on parole.
The Parole Board meets monthly to examine the merits of petitions for clemency.
When hearings are held, interested persons may attend and testify by prior appointment.
Four months are usually required after receipt of eligible petitions before they can be considered at a hearing. This will allow adequate time to schedule appearances and to prepare necessary background information.
Each petitioner for commutation of sentence will be advised when and where appearances will be held and the final action taken on the petition by the Governor.
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CJPF is unable to answer questions regarding this state's clemency program. CJPF cannot provide legal assistance and does not take on individual clients. CJPF cannot provide applicants for clemency any assistance. Do not send clemency materials to CJPF. Please do not write or call asking for assistance.
Last Updated 06/23/14