Is My Family Member Eligible for Clemency?
Was your spouse, parent, child, or another family member convicted of a criminal offense that has resulted in a lengthy prison sentence? If so, and if your family member or loved one has already served a substantial amount of time on their sentence, they may be able to apply for clemency. If you are seeking information about a loved one’s eligibility for clemency, you may already know that applying for clemency is a way to ask for a reprieve from the current terms of the sentence, a commutation of the sentence, or a pardon. The primary goal of applying for clemency is for the offender to be able to get out of prison, and in some cases, to move in the direction of having their record expunged. Petitions for clemency are reviewed by the Indiana Parole Board.
How can you know if your family member or loved one may be eligible for clemency? Our Indianapolis criminal defense and parole lawyers can tell you more about this process and the specific eligibility requirements that you will need to take into account.
Eligibility Requirements for a Clemency Consideration
Under Indiana law, and as stated on State Form 1213, a person may be considered for clemency after submitting a petition if one of the following is true of the person:
- Sentenced under the “New Code” to a sentence of more than 10 years, and they have served the shorter of one-third of the original sentence or 20 years; or
- Sentenced under the “Old Code” to life in prison, and they have served 10 years.
The length of the sentence, according to Indiana law, “is calculated by totaling the number of years of consecutive sentences or consecutive parts of sentences when sentences overlap.” Credit time or good time earned do not count toward the total amount of time that has been served on a sentence.
In addition, the following must also be true of the person:
- Must have a “clear institutional record” for the last 12 months prior to applying for clemency, which the person does not have if they have a major violation or two or more minor violations; and
- Must have at least one year remaining on their sentence from the date of the clemency hearing.
If your family member has served the minimum sentence and is eligible for parole, they will not be eligible for clemency. They should seek parole consideration instead.
Contact an Indianapolis Criminal Defense Attorney for Assistance with a Clemency Petition
Does it seem as though your loved one could be eligible for consideration for clemency? If so, it is extremely important to seek advice from one of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC. We can review the facts of your family member’s case, and we can speak with them directly about applying for clemency by submitting a petition to the Parole Board. Contact our firm today to ask any questions you have about petitions for clemency and to find out more about a possible sentence reprieve or commutation for your spouse, sibling, parent, or child.
Sources:
law.justia.com/codes/indiana/title-11/article-9/chapter-2/
in.gov/idoc/parole-board/