What is a Petition for Clemency in Indiana?

Whether you are currently serving a criminal sentence yourself in Indiana, or a loved one is serving a sentence, it is important to understand what is involved in a Petition for Clemency and whether it may be possible to file one. If a Petition for Clemency is granted, the person serving the criminal sentence can be commuted, or the person may receive a pardon or reprieve from that sentence. In other words, the person can be released from their prison sentence. How does this process work, and what do you need to know about it? Our Indianapolis clemency lawyers can tell you more about the process and what you should expect if you hope to file a Petition for Clemency in Indiana.

Understanding What Clemency Means 

To understand what is involved in a Petition for Clemency, it is essential to understand what “clemency” means in Indiana. According to Merriam-Webster, clemency can be defined as “a disposition to be merciful and especially to moderate the severity of punishment due,” or “an act or instance of leniency.” In Indiana specifically, clemency — and a petition seeking it — can mean three things. The state offers these three forms of clemency:

• Reprieve;
• Commutation; or
• Pardon.

All forms of clemency limit the original sentence of the offender and can, in some cases, result in an expungement of the criminal record altogether.

When is a Person Eligible to File a Petition for Clemency? 

The eligibility of any person serving a sentence to file a Petition for Clemency will depend, generally, upon the Indiana law under which they were sentenced and the length of time of their prison sentence:

• Offenders sentenced under the “New Code” (IC 35-50) who have been sentenced to more than 10 years can file a Petition for Clemency after either one-third of their sentence has passed, or after 20 years have passed — whichever comes sooner;
• Offenders sentenced under laws other than the “New Code” — except offenders with life sentences — can file a Petition for Clemency after they have served 60 months;
• Offenders currently serving life sentences can file a Petition for Clemency after serving 10 years.

Who Hears a Petition for Clemency? 

Under Indiana law, the Indiana Parole Board serves as a “Clemency Commission” and will review all petitions first. The Indiana Parole Board will then send its recommendation to the Indiana governor, who will make the final decision on the application.

What Goes Into a Petition for Clemency? 

To file a Petition for Clemency, you will need to fill out a specific “Petition for Clemency” form. In the form, you will need to provide a range of personal information, details about the circumstances surrounding your offense, and the reason you are requesting clemency. The form also request the trial judge, or the subsequent judge who sentenced the offender, to make a statement concerning the Petition for Clemency. The prosecuting attorney is requested to do the same.

Contact an Indianapolis Clemency Lawyer 

Do you have questions or need assistance with a Petition for Clemency? An experienced Indianapolis clemency attorney at Rigney Law LLC can speak with you today about your situation and can assist you with your application.

Source:

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