Am I Eligible to Apply for Clemency?
If you were previously convicted of a criminal offense and have served an extended period of time, you could be eligible to seek a form of relief that would reduce or commute your sentence. There are various circumstances in which a person convicted of an offense and serving a term of imprisonment may be eligible to ask to have their imprisonment ended. This type of relief is known as “clemency” in Indiana, and a person serving a criminal sentence can only seek clemency by filing a Petition for Clemency. Indiana law specifies the specific lengths of time that a person must wait to be eligible to file a petition for clemency, as well as other requirements. Once a Petition for Clemency has been submitted, the Indiana Constitution specifies that only the Governor has the power to grant clemency.
Are you eligible to apply for clemency? The answer to that question depends on your circumstances. Our Indianapolis criminal defense attorneys can explain in more detail.
“New Code” Versus the “Old Code” in Indiana
Before we discuss specifically eligibility requirements, it is important to know that eligibility timelines depend in part on whether you were sentenced under the “Old Code” in Indiana or the “New Code.” In 2014, a bill to amend the Indiana Code around criminal law and procedure was codified, and the “New Code” in Indiana became the law from which defendants were sentenced for criminal convictions. Convictions prior to the Indiana Code reforms are described in the Indiana Petition for Clemency as the “Old Code,” versus the “New Code” of sentencing guidelines outlined under IC 35-50.
If you were sentenced under the “Old Code” and are serving a life sentence, a Petition for Clemency can be considered after you have served 10 years. For sentences under the “New Code,” and for which you are serving a sentence of more than 10 years, you can have a Petition for Clemency considered if you have served either one-third of your sentence or 20 years of your sentence — whichever of those comes sooner.
Petitions for Clemency will only be considered if you have at least 1 year remaining on your sentence.
Eligibility After an Initial Petition for Clemency is Denied
If you previously applied for clemency by filing a Petition for Clemency and were denied, you may be eligible to apply for clemency again.
The timing for seeking another consideration of a Petition for Clemency will depend on the total length of your sentence. If your sentence is for 60 years or less, your Petition for Clemency can be considered again after 1 year. For sentences of greater than 60 years (but not totaling more than one life sentence), a Petition for Clemency can be considered again after 2 years have passed. For sentences that include more than one life sentence, the waiting time for a new Petition for Clemency to be considered is 5 years.
Contact Our Indianapolis Criminal Defense Lawyer for Assistance
If you have questions or need assistance with a Petition for Clemency, one of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC can assist you. Contact us today.
Sources:
casetext.com/regulation/indiana-administrative-code/title-220-parole-board/article-11-general-provisions/rule-220-iac-11-4-clemency/section-220-iac-11-4-1-clemency-eligibility-requirements
in.gov/iara/services-for-government/laws-rules-and-policies/collections-state-constitutions/full-text-of-the-1816-constitution/
law.justia.com/codes/indiana/title-35/article-50/
