BOP Program Statement 1335.01 § 2

(a) Staff shall suggest that an inmate who wishes to submit a petition for commutation of

sentence do so through the Warden to the U.S. Pardon Attorney. This procedure allows

institution staff to forward with the application the necessary supplemental information (for

example, sentencing information, presentence report, progress report, pertinent medical records

if the petition involves the inmate's health, etc.). Except as provided in paragraph (b) of this

section, no Bureau of Prisons recommendation is to be forwarded with the package of material

submitted to the U.S. Pardon Attorney.

To expedite the Pardon Attorney’s consideration of an inmate’s petition for commutation of

sentence, the inmate must send the petition through the Warden to the U.S. Pardon Attorney.

This will expedite consideration of the petition because the Pardon Attorney will then obtain

most, if not all, of the requisite Bureau inmate records with the petition that will prevent the need

for a subsequent request for standard materials. This does not expedite the Pardon Attorney’s

evaluation process, including obtaining inmate records and recommendations from other

clemency stakeholders (United States Attorney Office, United States Probation Office, etc.).

The Petition for Commutation of Sentence is available on the U.S. Pardon Attorney’s website.

Staff must process an inmate’s petition for commutation of sentence, even when it appears the

inmate is not eligible for clemency. When an inmate submits the petition for commutation of

sentence, the Case Manager documents the petition receipt with an entry on the BP-A0381,

Inmate Activity Record in the Inmate Central File and annotates the status on the inmate’s

Individualized Needs Plan, during the inmate’s next program review.

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Once the petition is received, the Case Manager has 30 calendar days to compile the required

documents and route for the Warden’s signature.

When referring an inmate’s petition for commutation of sentence, staff must include:

 Petition for Commutation of Sentence (OMB Control Number: 1123-0015)

 Presentence Investigation Report (if available)

 Judgment in a Criminal Case

 Progress Report (if older than 180 days, a new progress report must be completed)

 Pertinent medical records, if the petition involves the inmate’s health

 Any other available, pertinent, documented information

In the event of a medical emergency certified by the physician at the institution where the inmate

is confined, staff must expedite the petition at all levels as resources permit.

The Office of the Pardon Attorney has converted to a digital office, so email is the preferred

mode of communication and transmission on all clemency matters. Documents may be

transmitted to the Office of the Pardon Attorney via email, which can be found on their website.

The Office of the Pardon Attorney maintains a telephone and Pardon Attorney staff will respond

to voicemails as time and resources allow. The telephone number can be found on their website.

When email is not feasible, the Pardon Attorney will accept hardcopy materials at the following

physical address:

Office of the Pardon Attorney

950 Pennsylvania Avenue NW

Washington, DC 20530

The U.S. Pardon Attorney may delay and/or return petitions received without the required

supporting documentation.

When the U.S. Pardon Attorney needs additional information, a request is forwarded directly to

the Warden of the institution housing the inmate. In these cases, the Warden ensures the

requested documents are forwarded to the U.S. Pardon Attorney within 15 working days.

(b) When specifically requested by the U.S. Pardon Attorney, the Director, Bureau of Prisons

shall submit a recommendation on the petition. Prior to making a recommendation, the

Director may request comments from the Warden at the institution where the inmate is

confined. Upon review of those comments, the Director will forward a recommendation on the

petition to the U.S. Pardon Attorney.

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The Director, through the Assistant Director, Correctional Programs Division, will contact the

Warden for comments via email, with an informational copy sent to the appropriate Regional

Director.

The Warden will submit a written response to the Administrator, Correctional Programs Branch,

Correctional Programs Division, within 10 days of receiving the request, and will forward an

informational copy to the appropriate Regional Director.

The Director, upon review of all available information, will forward the Bureau’s

recommendation to the U.S. Pardon Attorney via email, with a copy to the Warden and

appropriate Regional Director.

(c) When a petition for commutation of sentence is granted by the President of the United

States, the U.S. Pardon Attorney will forward the original of the signed and sealed warrant of

clemency evidencing the President's action to the Warden at the detaining institution, with a

copy to the Director, Bureau of Prisons. The Warden shall deliver the original warrant to the

affected inmate, and obtain a signed receipt for return to the U.S. Pardon Attorney. The Warden

shall take such action as is indicated in the warrant of clemency.

The Warden forwards a copy of clemency to the Regional Director.

(1) If a petition for commutation of sentence is granted, Bureau of Prisons staff shall

recalculate the inmate's sentence in accordance with the terms of the commutation order.

(2) If the commutation grants parole eligibility, the inmate is to be placed on the appropriate

parole docket.

(d) When a petition for commutation of sentence is denied, the U.S. Pardon Attorney ordinarily

notifies the Warden, requesting that the Warden notify the inmate of the denial.

Notification to the Warden is ordinarily made via email from the U.S. Pardon Attorney, with a

request the Warden provide a copy of the denial notification to the inmate.

The Warden forwards a copy of the denial letter to the Regional Director.