Commutation Petitions
A commutation is the substitution of a less severe punishment for a more severe one that was originally imposed by a court. The most common example is the commutation of a life sentence to a term of years, making the prisoner eligible for parole. That said, under the Michigan Constitution, any prisoner is eligible to apply for a commutation. Who decides whether to grant a commutation? The governor makes the ultimate decision. Still, the Parole Board has an important role in recommending to the governor whose commutation applications to grant. Let’s take a closer look at the commutation process in Michigan.
It starts with filling out an application. At the heart of the application are four deceptively simple questions:
1. What are the circumstances of the crimes(s) for which you are requesting a commutation?
2. Why are you requesting a commutation?
3. Why should you be granted a commutation?
4. What are your home and job placement plans if you were released?
How the applicant answers these questions will make or break the application. A commutation is an act of mercy. It doesn’t excuse the crime, it only mitigates the punishment. You need to show that you deserve this extraordinary act of mercy. That means fully accounting for and taking responsibility for your crime and giving the compelling circumstances that you believe warrant your release from prison. Only in the rarest circumstances can a commutation application be successfully used to relitigate the prisoner’s guilt or innocence.
The completed application must first be submitted to the Parole Board under MCL 791.243. How the application is processed is prescribed in detail by MCL 791.244. In general, the Board will make an initial determination of whether the application has merit, that is, that the prisoner deserves serious consideration for a commutation.
If the Board determines that the application does not have merit, the application will be forwarded to the governor’s office with a recommendation to deny a commutation.
If the Board determines that the application does have merit, it will order further investigation into the prisoner’s case. This may include a personal interview with a member of the Board. Notice of the application is also sent to the judge in your case (or his or her successor) and the prosecutor, who can object to the commutation.
If the Board still has interest in your application after this point, it will order a public hearing on the application. The hearing is conducted by one member of the Parole Board and an assistant attorney general. Notice is also given to the judge, the prosecutor, and any victims. At the hearing, the prisoners are questioned by the Board member and the assistant attorney general about their crimes, their prisoner record, and their plans for parole. Members of the public will also have the opportunity to speak for or against the prisoner.
After the public hearing, the Board will, by majority vote, arrive at a final recommendation to make to the governor. It is critical for the success of a commutation application to have the support of the Board. As far as I’m aware, no prisoner has ever been granted a commutation without the Parole Board’s recommendation. (That said, an objection by the judge or the prosecutor will not necessarily doom the application.)
For every commutation application (regardless of the Board’s determination of merit), the governor makes the final call whether to grant or reject the application.
Commutations are extraordinarily rare. Governor Snyder received approximately 4,000 applications for commutations and pardons. He granted only 26 commutations. My client, Abner Hines, was among the lucky few recipients. Although commutations are very difficult to obtain, I get a lot of calls from prospective clients about them. In many cases, a commutation is likely the last viable avenue of relief after a client has exhausted all their appeals in court.
If you’re interested in pursuing a commutation application for a loved one, contact an attorney who’s knowledgeable about the clemency process in Michigan.
