Commutations of Sentence

Commutations of Sentence, or time cuts, are an act of executive clemency by which a sentence is shorted by act of the Board of Pardons and Paroles and the Governor. After the most recent reorganization of the Board of Pardons and Paroles, the 7 Board Members must vote on each Commutation of Sentence. If 4 votes are in favor of the action the file is sent to the Governor’s office for final consideration. Prior to considering a commutation of sentence, the Board requires that two of the three trial officials (and those are the current District Judge of the Court of Conviction, the District Attorney, and the Sheriff recommed a specific reduction in the sentence, and the recommendation must be based on facts not considered at the time of trial (or due to a statutory change in the punishment for an offense) and the penalty for the crime now appears excessive. This recommendation must be in writing and from the current office holders. The recommendations of prior office holders, especially when they were in office at the time of the conviction, can be persuasive, but the recommendations which really count are those made by the current office holders. If two recommendations are obtained, the Board notifies the third official and solicits his recommendation or objection. Having all three trial officials agree on the commutation presents a stronger case. The most difficult step in pursuing any commutation of sentence is obtaining those written recommendations as you or your attorney must initiate them, the Board won’t do so for you. As Board consideration of a commutation of sentence hinges upon these recommendations, and then can be made or not made, based entirely upon the discretion of the individual trial officials, commutations should be regarded as difficult to obtain. The chances for a commutation of sentence are greatly increased if there is new and mitigating evidence and credible information which can be presented to the trial officials, along with an exemplary TDC record, and a realistic request for a reduction in sentence. Depending upon the circumstances, a reduction from life to 20 years may be realistic, while a reduction from life to 2 years probably isn’t. Also, if the statute has changed and a current conviction carries a lesser sentence, or would have allowed for a lesser sentence, you will be more likely to get cooperation from the trial officials. Also, a commutation of sentence will not be considered for a lesser amount of time than has already been served. Any request for a reduction of sentence should include an understanding that commuting a sentence out of TDC is NOT the preferred method of release by the Parole Board. The Board is more likely to consider a request for a commutation if it reduces the sentence to a point where the individual can be released