How do you get a federal sentence commuted?
In federal cases, the first step in the process is for the person seeking a commutation to submit an application, or petition, for commutation of sentence. The application can be found online by going to clemency.com. The petition must be sent to the United States Office of the Pardon Attorney.
What are the minimum requirements for commutation of sentence?
The Board may review the petition of a prisoner for commutation of sentence if the following minimum requirements are met: (a) At least one-third (1/3) of the definite or aggre- gate prison terms; (b) At least one-half (1/2) of the minimum of indeter- minate or aggregate minimum of the indeterminate prison term.
Who are eligible in applying commutation of sentence?
WHO MAY GRANT COMMUTATION OF SENTENCE AND PARDON? sentenced to one (1) Reclusion Perpetua or one (1) life imprisonment, for crimes/offenses not punishable under Republic Act No. 7659 and other special laws.
Who is eligible for commutation?
Who is eligible to apply for a commutation? An Inmate in the custody of the Department of Corrections, not serving a probationary term as a result of a deferment or suspension of a sentence and not on parole, shall be eligible for commutation consideration of a sentence except for a conviction of impeachment. 4.
Can a Federal Inmate File for commutation of a sentence?
The Bureau of Prisons (BOP) has a program with procedures and guidelines by which a federally sentenced inmate may file a Petition for Commutation of Sentence in accordance with the proper statutes and laws set forth in 28 C.F.R. Part 1. In a Petition for Commutation of Sentence the inmate may seek four different types of relief.
Can a president impose conditions on a commutation?
In federal cases, the President may also impose conditions as part of a sentence commutation grant. With regard to the standard for what would support a successful commutation application, in federal cases, for example, the president of the United States considers the following factors: Any other factors relevant to commutation of a sentence.
Is there a difference between a pardon and a commutation?
No. While a pardon and a commutation are both forms of executive clemency, a commutation of sentence refers specifically to a reduction in a criminal sentence imposed upon conviction. Commutation could also include remission, or reduction, of the amount of fine or restitution a person needs to pay.
Can a President commute a sentence in federal court?
No. As noted above, the U.S. Constitution gives the president only the authority to commute sentences for federal criminal convictions. In other words, those criminal cases adjudicated in the United States District Courts are those over which the president has jurisdiction.