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Applicable Form of Executive Clemency: Commutation
of Sentence
Colorado Constitution, Article IV, Section 7: "The
governor shall have the power to grant reprieves, commutations
and pardons after conviction for all offenses except
treason, and except in case of impeachment, subject
to such regulations as may be prescribed by law relative
to the manner of applying for pardons, but he shall
in every case where he may exercise this power, send
to the general assembly at its first session thereafter,
a transcript of the petition, all proceedings, and reasons
for his action."
Eligibility Restrictions:
Confinement
A) The inmate must be housed in a facility of confinement
which includes prisons, jails, community placement,
private/public contract facilities and out-of state
facilities.
B) Currently not on parole or within 15 months of
parole eligibility.
C) Not participating in Intensive Supervision Program
(ISP).
Time Eligibility
A) Life Sentences: Inmates serving a single life sentence
must have served 1/3 of their sentence to parole eligibility
or ten full years, whichever is less.
B) Life Sentence with Consecutive Sentence(s): Inmates
serving a life sentence with consecutive sentences which
have been adjusted by the Department of Corrections
or legislative action must serve ten full years.
C) Inmates serving all other sentences other than
those described above must serve 1/3 of their actual
sentence or ten calendar years, whichever is less.
Disqualifying Conduct While Confined
A) Any Code of Penal Discipline Class 1 or Class II
violation conviction(s) within a two year period prior
to the application will disqualify inmates from commutation
eligibility.
B) Inmates housed in Administrative Segregation are
not eligible for commutation consideration.
Crimes Ineligible for Commutation
Inmates who have committed a violent crime against
a peace officer are not eligible (i.e. assault on a
peace officer, riot, etc.).
Probation/Parole Status Ineligibility
A) If the inmate was on probation at the time the
crime being proposed for commutation was committed,
the inmate is not eligible for commutation consideration.
B) Parole violators who have been charged/convicted
with a new crime are not eligible to apply for commutation
for the sentence.
C) Those charged/convicted of new crime(s) while on
parole are eligible to apply for commutation as to the
new sentence only; provided they meet the current eligibility
criteria.
Pending Criminal Charges/Sentences
A) Inmates with unresolved criminal charges are not
eligible for commutation consideration.
B) Those with pending sentences may apply for commutation.
Appeals
A) The inmate must have no pending appeals.
B) All other judicial remedies must be exhausted prior
to being eligible for clemency review.
Waiver of Ineligibility Criteria
The Governor and the Department of Corrections Director
may grant a waiver of these criteria in cases involving
medical emergency or for compelling cases that demonstrate:
A) Catastrophic medical and/or mental health problems.
B) Extremely unique situations (i.e. heroism, severe
sentence disparity or rehabilitation).
Reapplication
Applicants may reapply after four years from receipt
of official notification of denial from the Governor
or the Governor's Clemency Coordinator. Cases not reviewed
or tabled are terminated within one year of date of
application.
Application Process: Applications are available
from an inmate's Case Manager or by contacting:
Mark Noel
Executive Chambers
136 State Capitol
Denver, CO 80203-1792
Tel: (303) 866-2471
An application for commutation of sentence is initiated
by the inmate with the assistance of the Department
of Corrections' Case Managers. Applicants must complete
Executive Clemency Advisory Board (ECAB) Application
Eligibility Criteria for Commutation of Sentence & Character
Certificate.
Attachments to be included with application:
· A personal letter to Governor Bill Ritter stating
specific reasons/circumstances for requesting clemency.
· A recent Performance Review Summary (PRS); if older
than 90 days, a new PRS should be submitted.
· The Admission Data Summary (ADS) and Diagnostic
Summary completed upon DOC admission.
· Psychological/psychiatric reports which include
diagnostic information from clinical staff or contractors.
· Reports of disciplinary actions and sanctions; including
investigative reports if applicable.
· The most recent time computation.
· Current FBI record of arrest.
· Detainers/notifications requests, or other pertinent
law enforcement communications.
· Pre-sentence investigation report and/or offense
report.
· Reports of adjustment to community placement if
applicable.
· If serious medical/mental health problems exist,
a current report containing the diagnosis, prognosis,
and recommendations.
· Any additional documents, references, or exhibits
that would assist the Governor in making an informed
decision.
Copies of the completed application are sent to the
sentencing judge and district attorney in the judicial
district where the conviction took place. Colorado law
requires that ECAB solicit the comments of the appropriate
judge and the district attorney. ECAB also makes every
attempt to contact any victims associated with the crime.
Clemency applications are routinely reviewed by ECAB
for recommendation. The Governor has final discretion
to grant, refuse or table all clemency applications.
An application may take six months to a year to process.
The inmate's Case Manager will process the prisoner's
application with the assistance of the Department of
Corrections Offender Services. The Governor's Clemency
Coordinator will notify the prisoner of the Governor's
final decision.
Every effort has been made to make this information
accurate and up-to-date. Errors are inevitable and changes
occur frequently. We would appreciate learning of any
errors or inaccuracies regarding any information on
this Webpage as soon as possible. Please write to info@cjpf.org
