Section 220 IAC 1.1-4-1 - Clemency eligibility requirementsAuthority: 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. Parole Board; 220 IAC 1.1-4-1; filed Feb 20, 1981, 9:30 a.m.: 4 IR 501; filed Jun 15, 1987, 2:45 p.m.: 10 IR 2494; filed Dec 19, 1994, 9:04 a.m.: 18 IR 1222; errata filed Feb 28, 1995, 2:30 p.m.: 18 IR 1836; readopted filed Nov 8, 2001, 1:15 p.m.: 25 IR 935; readopted filed Sep 5, 2007, 2:32 p.m.: 20070919-IR-220070371RFA; readopted filed Dec 2, 2013, 2:09 p.m.: 20140101-IR-220130484RFA