Update To Programming Statement About Clemency
On June 5th, 2025, the policies for commutation of sentence, otherwise known as clemency, were updated by Billy Marshall.
The most pertinent element is that case managers cannot stop interested inmates from sending their applications to the U.S. Pardon Attorney’s Office. They are required to do so regardless of whether or not they think they’re eligible.
The bottom line is that it’s not up to case managers to decide. It’s up to the pardon office.
The new guidance also says that the BOP must furnish any records that the pardon attorney’s office asks for in a timely manner, and that only inmates who have been sentenced can apply – which makes sense, because it is a commutation of sentence after all.
Finally, it says that undocumented inmates can apply for clemency or commutation of sentence. Doing so may hasten the deportation process.
Some points of clarification for those who are confused by the statement. It does not say that the BOP MUST submit their caseload to the pardon office at any point. It’s still the responsibility of the inmate to fill out their application and send it in – they can always ask their case manager for assistance, but of course, some case managers are more amenable than others.
You can use a firm like Federal Prison Tips, the Legal Advocation Center, or any of the other firms that do this kind of work. Or, of course, you can ask your attorney.
Sure, there are fill-in-the-blank forms available at the law library. But, there will be thousands of other inmates using this form, with illegible handwriting and incomplete sentences. Do you want to be one of these in a sea of thousands of identical-looking applications? Or, do you want to stand out?
If you’re determined to do it yourself, take the time to use the typewriter in the law library. Write out your questions fully, with compelling language, instead of incomplete sentences.