Application for Commutation of Sentence

General Information on Commutation

In Louisiana, only the Governor can grant the commutation of a sentence after a favorable recommendation from the Pardon Board. The submission of an application does not imply or guarantee that the Pardon Board will favorably recommend a commutation and/or that the Governor will approve a commutation.

Eligibility for Clemency Consideration

Commutation of Sentence. A person may not be considered for a commutation of sentence unless he or she has been granted a hearing by the pardon board and has had his or her case placed upon a pardon board agenda.

Incarcerated Applicants or Applicants Under Supervision of the Louisiana Department of Public Safety and Corrections:

1. An executive pardon shall not be considered for an offender while in prison, except when exceptional circumstances exist.
2. An incarcerated offender who is serving a sentence for a non-violent or non-sex offense may request a commutation of sentence:
   – At any time; and
   – must have been disciplinary report free for a period of at least 24 months prior to the date of the application or at the time of the hearing (if a hearing is granted); and
   – must not be classified to a maximum custody status at the time of the application or at the time of the hearing (if a hearing is granted); and
   – must possess a marketable job skill, either through previous employment history or through successful completion of vocational training while incarcerated; or upon the written recommendation from trial official(s) that includes: a statement that the penalty now appears to be excessive; or a recommendation of a definite term now considered by the official as just and proper.
3. An incarcerated offender who is not serving a life sentence, but who is serving a sentence for a violent offense as define in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, may request a commutation of sentence:
   – After having served a minimum of 10 years; and
   – must have been disciplinary report free for a period of at least 24 months prior to the date of the application or at the time of the hearing (if a hearing is granted); and
   – must not be classified to a maximum custody status at the time of the application or at the time of the hearing (if a hearing is granted); and
   – must possess a marketable job skill, either through previous employment history or through successful completion of vocational training while incarcerated; or upon the written recommendation from trial official(s) that includes: a statement that the penalty now appears to be excessive; or a recommendation of a definite term now considered by the official as just and proper.
4. Life Sentences
   An offender sentenced to life may not apply until he has served 15 years from the date of sentence, unless he has sufficient evidence which would have caused him to have been found not guilty. The offender must also meet the criteria stated in Subparagraphs 2. a-d of this Section.
5. Capital Cases
   Any offender sentenced to death may submit an application within one year from the date of the direct appeal denial

The Pardon Board utilizes a two-stage process for commutation review. The first stage is a Qualification Review. During the Stage One - Qualification Review, the Pardon Board will conduct a review to determine if the application has merit and should be passed to Stage Two -- Commutation Hearing -- for further investigation and consideration for a sentence commutation. At Stage 1 the applicant does not appear before the Board during its review of the application.

If the application is passed to Stage Two, the offender must provide the Board’s office proof of advertisement within 90 days from the date of notice to grant a hearing. Advertisement must be published in the official journal of the parish where the offense occurred. The offender will be assessed a fee in the amount of $150.00 payable to the Department of Public Safety & Correctionsfor a clemency investigation to be conducted by the Division of Probation & Parole. After completion the investigation is complete and the case is docketed, the offender will make a personal appearance with the Pardon Board via video conferencing. If an offender receives a disciplinary write-up within 24 months of the date of the application and/or prior to the hearing, the personal appearance will be stricken, or cancelled, and the offender will be ineligible for consideration at the scheduled hearing.

The offender will be assessed a fee in the amount of $150.00 payable to the Department of Public Safety & Correctionsfor a clemency investigation to be conducted by the Division of Probation & Parole.

All letters of support must be received in the Board office within 30 days of the Board’s receipt of the application. Letters may be typed or handwritten on one-side of the page only. Handwritten letters must be legible. Please do not use staples. Letters must include the offender's name and DPS&C number on top of each page and on the back of the envelope. Letters can also be uploaded to this digital form.

During Stage 2 of the process victims and/or victim's representatives, the judicial representative from the court of conviction, a representative from the arresting law enforcement agency, and/or the District Attorney will be asked to comment on the offender’s application. They will also be invited to participate in the hearing process.

After the offender’s personal appearance, the Pardon Board will vote to either favorably recommend a commutation and/or deny the request. If a favorable vote occurs, the commutation will be forwarded to the Governor. The Governor will approve or deny a commutation.

Instructions for Completing the Application

The applicant should take the following steps in completing the application.

1. Fill in all required fields. If the application is not filled out in its entirety, it will not be processed and/or accepted.
2. It is the applicant’s responsibility to submit a completed application. The application will not be processed until it is complete. If any required information does not apply, the response should be "NA." If the application is not complete, the applicant will be notified about the missing information.
3. Each question must be answered fully, truthfully, and accurately.
4. Additional documentation that is relevant to the application may also be attached, including:
   1. Letters of support on behalf of the applicant with the application in order to be considered during the administrative review of the application.
   2. Additional letters of support may be submitted directly to the Board on behalf of the offender, but must be received within 30 days of the Board's receipt of the application.
   3. If the applicant was in the military, include the military's DD-214 with the application.
   4. Other attachments that the applicant would like to include may be attached.
5. Application forms must be filled out completely, signed, dated, and notarized where required.
6. The submission of any false information is grounds for immediate denial of the application.
7. The applicant must notify the Board if there is a change of address.

Applicants should keep a copy of the complete application and any added attachments!

Submitting the Application

Send the completed application to:
Louisiana Pardon Board
Attn: Commutation
Post Office Box 94304
Baton Rouge, LA 70804,

Timeline

Once a completed application is submitted, the commutation will be placed on the next available docket for the Stage 1 Qualification Review. Depending on the date of receipt of the application, the next available docket may be thirty (30) or up to forty-five (45) days.

Application for Clemency - Commutation of Sentence

Note: Each question must be answered fully, truthfully, and accurately. Do not leave sections blank. It is the applicant's responsibility to submit a complete application. The application will not be processed until it is complete. If the application is incomplete, the applicant will be notified about the missing information. Additional documentation that is relevant to the application may also be attached. The submission of any false information is grounds for immediate denial of the application.

General Information

Overview of Offenses for Commutation Consideration

Account of the Offense

Reason(s) for Seeking a Commutation

Prior and Subsequent Criminal Record

Biographical Information

For each marriage, include the name of spouse, the date and place of marriage, and if applicable the date and place of divorce.

Incarceration Information

Substance Abuse Information

Military Record

Detail of Offenses for Commutation Consideration

Instructions: Complete a separate entry for EACH Louisiana conviction for which you are seeking a commutation.

Certification and Personal Oath

I certify that all answers to the above questions and all statements contained herein are true and correct to the best of my knowledge and information. I understand that any intentional misstatement of material facts contained in this application may cause adverse action on my application for a commutation.

I understand that there is no appeal process upon denial of an application for commutation.

I understand that pursuant to Act 52 of the 2016 Legislative session, should my application advance to Stage 2 of the process, I agree to pay an assessment fee of $150.00 to the Louisiana Department of Public Safety & Corrections for a clemency investigation to be conducted by the Division of Probation &Parole.

I have read and understand the Commutation application instructions. By signing and submitting this application, I understand and voluntarily accept the terms of the commutation if it is approved. In making application for a commutation from the Governor of the State of Louisiana, I do solemnly swear that I will be a law-abiding citizen and that I take this obligation freely and without any mental reservation whatsoever.

Authorization for Release of Information

Carefully read this authorization to release information, then complete and sign.

I authorize any duly accredited representative of the Louisiana Pardon and Parole Board and/or the Louisiana Department of Public Safety & Corrections, to obtain any information relating to my activities from schools, residential management agents, employers, criminal justice agencies, retail business establishments, courts, or other sources of information. This information may include, but is not limited to, my academic, achievement, performance, attendance, and disciplinary; residential history, employment history, criminal history, including arrest, charges, conviction, and the pre-sentence investigation report, if any, medical, psychiatric/psychological and/or other, health care records; and financial, and credit information

I understand that, for financial or lending institutions, medical providers, and certain other sources of information, a separate specific release may be needed (pursuant to their request or as may be required by law), and I may be contacted for such a release at a later date.

I further authorize the Louisiana Pardon and Parole Board and/or the Louisiana Department of Public Safety & Corrections, or any other authorized state agency, to request criminal record information about me from criminal justice agencies for the purpose of determining my suitability for a commutation.

I authorize custodians of records and sources of information pertaining to me to release such information upon request of any duly accredited representative of the Louisiana Pardon and Parole Board and/or the Louisiana Department of Public Safety & Corrections or any state agency authorized above regardless of any previous agreement to the contrary. I understand that the information released by records custodians and sources of information is for official use by the State of Louisiana only for the purposes of processing my application for a commutation, and may be re-disclosed by the State of Louisiana only as authorized by law.

Copies of this authorization that show my signature are as valid as the original release signed by me. This authorization is valid for one (1) year from the date signed.