[Code of Federal Regulations]

[Title 28, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR571.41]



[Page 679-680]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

           CHAPTER V--BUREAU OF PRISONS, DEPARTMENT OF JUSTICE

 

PART 571_RELEASE FROM CUSTODY--Table of Contents

 

             Subpart E_Petition for Commutation of Sentence

 

Sec. 571.41  Procedures.



    (a) Staff shall suggest that an inmate who wishes to submit a 

petition for commutation of sentence do so through



[[Page 680]]



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.

    (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.

    (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.

    (1) If a petition for commutation of sentence is granted, 

institutional 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.



[47 FR 9756, Mar. 5, 1982, as amended at 57 FR 34663, Aug. 5, 1992]