How is a Petition for Clemency Decided in Indiana?
Was a parent or spouse convicted of a criminal offense in the past and is still serving the terms of a sentence involving incarceration? Whether you are currently incarcerated yourself or you are thinking about a close family member or other loved one, it is important to know about the possibility of clemency and how a Petition for Clemency in Indiana can be submitted and ultimately decided.
Clemency is a broad term that refers to relief under Indiana law that can result in a person serving a term of imprisonment being released earlier than the timeline set forth in their sentence. Indiana includes three forms of relief within its definition of clemency: reprieve, commutation, and pardon. Depending on the form of clemency, a person who receives clemency may also be able to have their criminal record expunged.
Petition Will Be Considered Only for Those Eligible to Submit
Before a Petition for Clemency can be considered, it is critical to determine whether or not you (or a loved one serving a sentence) can actually submit a Petition for Clemency based on the amount of time served. The required waiting period for submitting a Petition for Clemency will depend on whether or not a person was sentenced under the “New Code” in Indiana (i.e., Indiana Code Section 35), or under the “Old Code.” In simpler terms, the timeline will depend on whether you were sentenced prior to July 1, 2014, or on or after that date when the “New Code” took effect.
If you were sentenced prior to the “New Code,” then you can file a Petition for Clemency after serving 60 months. If you were sentenced under the “New Code,” eligibility is slightly more complex. If you were sentenced to more than 10 years, you can file after either 20 years of the sentence or one-third of the total sentence are served, whichever comes first.
Governor Considers Petitions for Clemency
Generally speaking, under Indiana law, the Governor will make a final decision about any Petition for Clemency that is filed. The Governor typically acts on the recommendation of the Indiana Parole Board, acting as a Clemency Commission. In other words, the Indiana Parole Board will typically review a Petition for Clemency and make a recommendation to the Governor, who has the final decision.
A clemency recommendation to the Governor is made on a case-by-case basis, and it is based on the specific facts of a person’s case. As such, there is no clear-cut way to know if a Petition for Clemency will be granted, although a criminal defense attorney in Indianapolis can review your case with you, help you to understand the possible outcomes, and draft the Petition for Clemency for you that you file.
Contact an Indiana Criminal Defense Attorney Today for Help with Your Clemency Petition
Do you have questions about filing a Petition for Clemency, or do you want to assist a family member with a Petition for Clemency? One of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC can speak with you today about how this process works and to provide you with more information about your options. For those eligible to file a Petition for Clemency, we can begin working with you on the case today.
Sources:
law.justia.com/codes/indiana/title-35/
in.gov/idoc/parole/parole-board/
