Commuting a sentence refers to the shortening of a defendant’s period of punishment. It can come about due to certain positive circumstances, like good behavior while incarcerated or a general amnesty for certain inmates. While not quite to the level of a full pardon, a commuted sentence still provides relief to a defendant after getting convicted.
Commutation follows a uniform process before being approved or denied. However, it applies differently depending on what type of prisoner sent the appeal. Let’s look at how commutation works for different defendants.
Regular Prisoners
Regular prisoners follow the standard procedure for appealing for a commutation. They simply have to submit the papers to the Pardon Board, wait for their deliberation, and hope that no opposition to the commutation may derail their appeal. However, they may be blocked from appealing if they are viable for parole within one year of the next Pardons Board meeting. Special circumstances may waive this restriction, however.
Parolees
While prisoners eligible on parole may be restricted from appeal for a commuted sentence, prisoners already on parole can still be allowed to do so. However, they can only be allowed if they have either served at least ten years of a life sentence or half the period of their non-life sentence. On the contrary, they can be restricted from getting a commutation if the State Board of Parole Commissioners filed a petition to modify the sentence, or the judge allowed the modification of the sentence.
Prisoners on Death Row or Life Without Parole
Commutation of sentences for death row inmates and those on life without parole differs from the earlier types because it relies on time constraints. A death row inmate can get their sentence commuted to a charge that can qualify for parole if they committed the crime while they were under 18 years old. For older inmates, however, they can only appeal for a commutation if their conviction was handed down prior to 1 July 1995. The same requirements go for life inmates, as well.
Different types of prisoners have to deal with different requirements before they can appeal to have their sentence reduced. Ask a defense attorney about other circumstances that can affect the chances of getting the request approved.
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