Indiana Administrative Code › Title 220 - PAROLE BOARD › Article 1.1 - GENERAL PROVISIONS › Rule 4 - Clemency › Section 4-1 - Clemency eligibility requirements

Current through July 10, 2024
Authority: IC 11-9-1-2
Affected: IC 11-9-2-2; IC 35-50
Sec. 1.
(a) Petitions
				of offenders sentenced under laws other than IC 35-50, except those with life
				sentences, may be considered after the offender has served sixty (60) months on
				the sentence.
(b) Petitions of
				offenders sentenced under IC 35-50, except those sentenced to life in prison
				and who have sentences in excess of ten (10) years, may be considered after the
				offender has served one-third (1/3) of the sentence. However, petitions of
				offenders sentenced under IC 35-50, except those sentenced to life in prison or
				to death, with a sentence exceeding sixty (60) years may be considered after
				the offender has served twenty (20) years on the sentence. An offender
				sentenced under IC 35-50 who has an executed sentence of ten (10) years or less
				is not eligible to petition for clemency while incarcerated.
(c) Petitions of offenders serving life
				sentences (whether or not the offender is also serving a determinate or
				indeterminate sentence) may be considered after the offender has served ten
				(10) years.
(d) An offender under
				sentence of death may not petition unless at the time of petition there is an
				execution date set that has not been stayed by a court. If an execution date is
				stayed by a court, investigation and consideration of any petition of that
				offender will be terminated until another execution date is set by a court and
				another petition for clemency is made.
(e) An offender who is not serving a sentence
				of life in prison (whether single or multiple and whether or not the offender
				is also serving a determinate or indeterminate sentence) and whose sentence is
				sixty (60) years or less may not petition for reconsideration of the denial of
				clemency until one (1) year has elapsed from the date of the governor's last
				decision denying clemency. An offender who is serving a single sentence of life
				in prison (whether or not the offender is also serving a determinate or
				indeterminate sentence) and who is eligible to petition for clemency may not
				petition for reconsideration of the denial of clemency until two (2) years have
				elapsed from the date of the governor's last decision denying clemency. An
				offender who is sentenced under IC 35-50 to a sentence of greater than sixty
				(60) years may not petition for reconsideration of the denial of clemency until
				two (2) years have elapsed from the date of the governor's last decision
				denying clemency. An offender who is serving more than one (1) sentence of life
				in prison for more than one (1) felony (whether or not the offender is also
				serving a determinate or indeterminate sentence) and who is eligible to
				petition for clemency may not petition for reconsideration of the denial of
				clemency until five (5) years have elapsed from the date of the last governor's
				decision denying clemency.
(f) For
				purposes of this rule, the sentence is the term of executed years of
				incarceration imposed and is not diminished by reason of credit time or good
				time earned. For purposes of this rule, the sentence of an offender sentenced
				under IC 35-50 to consecutive determinate sentences is the total number of
				years of the consecutive sentences or consecutive parts of sentences,
				corresponding to the maximum release date as determined by the department of
				correction. An offender sentenced to life in prison, either under IC 35-50 or
				another statute, has a sentence of life in prison for purposes of this rule
				regardless of whether that offender also has been sentenced to a determinate or
				indeterminate term.
(g) For
				purposes of this rule, the amount of time that has been served on a sentence is
				determined without regard to credit time or good time that has been earned
				either prior to or following sentencing. Credit for time served prior to
				sentencing (jail time credit) shall be counted toward the amount of time served
				on a sentence to the extent that it reflects the actual number of days
				incarcerated prior to sentencing.
(h) Offenders sentenced under laws other than
				IC 35-50 and who have served their minimum sentences, may not petition for
				clemency.
(i) No petition will be
				considered if the offender does not have a clear institutional record for the
				year immediately preceding consideration. An offender does not have a clear
				institutional record if the record shows a major violation or two (2) or more
				minor violations.
(j) The board may
				declare an offender ineligible for clemency upon a review by the board of the
				offender's conduct record for the twelve (12) months preceding the offender's
				clemency eligibility date. The board may conduct this review at its offices,
				and the offender is not entitled to be present. An offender who is declared
				ineligible for clemency consideration is not entitled to meet with the
				board.
(k) An offender who is
				declared ineligible to petition for clemency may appeal the board's decision.
				Upon receipt by the board of the appeal, one (1) member of the board shall meet
				with the offender and discuss the reasons for the declaration of ineligibility.
				The member may request the board to reconsider its declaration of
				ineligibility.
(l) No petition will
				be considered unless otherwise authorized by the chairman if the offender is
				authorized for participation in the work release program and has been assigned
				a work release activation date that is less than six (6) months from the date
				of the clemency hearing. No petition will be considered unless the offender
				will have at least one (1) year remaining to be served between the date of an
				appearance before the board for a clemency hearing and that offender's
				projected release date as shown in department of correction records.
(m) Persons with fines of one thousand
				dollars ($1,000) or more may request remission of fines. Such petitions will be
				considered after minimum time (or completion of day sentence) has been served.
				Petitions for remission of fines cannot be considered unless the statutory
				requirement is met, that a majority of the county officers having charge of the
				school fund recommend remission.
(n) A person may petition for remission of
				judgment on bond forfeiture at any time after the judgment is entered.