Fill and Sign the Commutation of Sentence Application Apppdf Commutation of Form

COMMUTATION OF SENTENCE NOTICE TO APPLICANT Please read the application instructions carefully, and complete the application accordingly. Submission of incomplete applications or applications that do not comply with instructions may result in the Board’s Clemency Section soliciting you in writing for the correct documentation. Failure to comply with instructions will delay processing. **************************************** For your records, make copies of all documentation that you submit to the Board’s Clemency Section. Due to the inability to retain re cords for extended time periods for incomplete applications, we are advising you NOT to provide originals of personal items, including but not exclusive to photos, transcripts, birth and other certificates, achievement awards, licenses, literature, social security and other identification cards or items, notebooks or binders, and clemency proclamations. You may in lieu of originals provide copies of these documents with your submitted application. **************************************** COS-10 (R-01/11/2010) COMMUTATION OF SENTENCE INSTRUCTIONS & CHECKLIST Mail co mplet ed applications to: TEXAS BO ARD OF PA RDONS AN D PAROLES ATTN: CLE MENCY SE CTION 8610 SHOAL CREEK BLVD. AUSTIN, TX 78757 1. Subm it a com pleted application form . Please resp ond to all ite ms. If ne cessary , use “N/A, ” “Unknown,” “None,” or “Do not rem ember.” 2. Applications m ust be typed or pri nted l egibl y in blac k or blue ink. 3. Certified cou rt documentation (indictment, judgm en t and senten ce) for each adult convi ction fo r which you ar e requesting a Commutation of Sentence. For com plete instructions, refer to Page 2 of 2. 4. Offense ( arrest) reports for each adult conviction for which y ou are requestin g a Co mm utation of Sentence. Ob tain these docu ments f rom the arre sting agency . The documents do not need to be certified. For com plet e instructions, refer to Page 2 of 2. 5. A written re commendation of a majo rity of the current trial officials (the present prosecuting attorney, jud ge, and sheriff/chief of police of the arresting agency fr om the count y an d court o f offense, conviction and release) and co mplia nce with board rules governing Commutation of Sentence. 6. Co mplete th e attached application form as pr esented. You may subm it attached documents as instructed in the application. Do not alter th e presentation of this applic ation either through reform atting or rewriting. Do not bi nd or staple the application with any other subm itted material. 7. The application m ust be signed and dated b y the appli cant. • If the Board reco mmends a Co mm utation of Senten ce, the Governor m ake s the final decision. The applicant will be notifi ed in writing upon final action. • Please let us know of any change of address or telephone num ber. • On the Appl ication Page 1 of 6, A. Dem ogra phic Inform ation, where asked to pr ovide the applicant’s cu rrent nam e, input the ful l na me as it might appear on a Governor’s proclam ation. GENERAL INFORMATI O N Definition - A Co mm utati on of Sentence results in a reduc tion of the sentence t o a lesser ti me period. A co mm utation can be granted for tim e served. Commut ations of sentence will be granted onl y upon the written recommendation of a m ajority of the applica nt’s trial officials in the count y of convi ction, stating that the penalty now appea rs to be excessive, reco mmending a definite ter m, based on new inform ation not before the judge or jur y at trial, or a statutor y chan ge in the pena lty. COS-10 (R-01/11/2010) Page 1 of 2 PROCEDURES FO R O BTAI N IN G CO URT DO CUM ENTATIO N All court docu ments must be CER TIFIED , wheth er they originate fro m th e office of t he District, Count y, or M unicipal Clerk. Acquire th e proper docu mentation, accordingl y: IF convicted and the j udg ment included a court ord ered fine and or restitution , furnish a s tatement from the appropriat e clerk confirming the am ount paid. IF convicted and the sentence is probat ed or deferred, furn ish the Com plaint/Indictment or Inform ation, Judgm ent and Sentence. IF convicted of a misdemeanor resulting in a fine an d/or jail tim e, furnish the Co mplaint, Judgm ent and Sentence. IF convicted of a felony probation a nd revoked to the Texas Department of Crim inal Justice – Correctional Institutions Division (TDCJ-CID), furn ish the Indictment, Judgment and Sentence granting probation and the revocation docum ent(s). IF convicted of a felony , sentenced to TDCJ-CID and currently on parole or mandator y super vision or on annual report status, or have discharged the sentence, furnish the Indictment, Judgm ent and Sentence and a copy of the TDCJ parole certificate. Contact the fo llowing office(s) to obtain t he appropriate certificate: TDCJ-CI D RECORDS OFFICE P. O. BOX 99 HUNTS VIL LE, TEXAS 77342 or TDCJ PAROLE SUPERVISION 8610 SHOAL CREEK BLVD. AUSTIN, TEXAS 78758 PROCEDURES FO R O BTAI N IN G ARREST/OFFENSE REPORTS For each criminal offense , acquire from the appropriate law enf orce ment arr esting agency copies of the arrest/offense reports. These copies of r eports do not ha ve to be certified. For offenses involving drugs, please provide copies of laboratory reports. COS-10 (R-01/11/2010) Page 2 of 2 COS-10 (R-01/11/2010) Date: ____________________ Page 1 of 6 (Last Name, First and Middle Name) APPLICATIO N FOR COMMUTATION OF SENTENCE TO THE TEXAS BOARD OF PARDO NS & PAROLES TO THE BOARD OF PARDONS AND PAROLES OF TEXAS: I her eby re quest the B oard of Pardons and Paroles or its designated agent to file this application for Clemency, to investigate the statements herein made unde r oath and, if the facts so justify, make a favorable recommendation to the Governor of the State of T exas that a Commutatio n of Sentenc e, to which I may be entitled under the laws o f the State of Texas, be granted. A. DEM O GRAPHIC INFORM ATION Cu rren t fu ll n ame Last Na me Jr. III Sr. IV First Na me Full Middle Na me Name(s) conv icted und er Race and se x Race Sex Dat e an d place of birth Date o f birth Place of birth Dri ver’s licens e State License Num ber Alias n ames (in clud ing m aiden nam e, nam e by form er m arriage and ni cknam es), birth dat es, social security #’s , etc. Cu rren t m arital statu s Married – Spouse’s Nam e: Div orce d Sepa rat ed Singl e Ch ild ren / supp ort / alim ony I have chi ldren u nde r the age of 18 years. I am sup porting t he followi ng nam ed chi ldren un der the age of 18 years: I cu rren tly p ay $ / month in ch ild su ppo rt. I c urrent ly pay $ / mont h i n alimony . [ ] [ ] COS-10 (R-01/11/2010) Date: _______ _____________ Page 2 of 6 (Last Name, F irst and Middle Name) B. ADDRESSES Current Mailing Address Indicate your current mailing addres s. Current Physical Address Provide information even if the physic al and mailing a ddre sses are the same. Number and str eet Apart ment Number and str eet Apart ment City State Zip Code City State Zip Code Home phone nu mber Work phone nu mber Email Address County of r esidence Years res ided a t physical res idence Previous Addresses List all pre vious p hysical ad dress es si nce a ge 1 8. Do not use p ost office bo xes. If y ou l ived i n an apartm ent co mplex, list your apartm ent number. All time peri ods must be acco unted f or. Incl ude c omplet e dat es (mon ths and y ears of resi dence) , add resses , city, state and zip codes. Complete this pa ge be fore attaching a ny a dditional pa ge(s). Pl ace attachm ents be hind t his page. From (month/y ear): Number and street Apar tment To (month/y ear): City State ZipCode From (month/y ear): Number and street Apar tment To (month/y ear): City State ZipCode From (month/y ear): Number and street Apar tment To (month/y ear): City State ZipCode From (month/y ear): Number and street Apar tment To (month/y ear): City State ZipCode C. EMPLO Y MENT Please gi ve a c omprehe nsi ve adul t (si nce ag e 18 ) em ploy ment hi story , beginning wi th your pr esent employm ent and w orking backward s. Includ e em ployer’s name, ad dress, you r job po sitio n wo rking title, descrip tion of jo b du ties, sal ary, dates employed, a nd reason for lea ving. Com plete this page be fore attaching a ny additio nal page(s). Place a ttach ments behind this page . From (m onth/y ear): Em ploy er name To (month/y ear): Em ploy er addr ess Job position (working title) Descri ption of your work duties Average monthly s alary Reason f or leaving From (m onth/y ear): Em ploy er name To (month/y ear): Em ploy er addr ess Job position (working title) Descri ption of your work duties Average monthly s alary Reason f or leaving From (m onth/y ear): Em ploy er name To (month/y ear): Em ploy er addr ess Job position (working title) Descri ption of your work duties Average monthly s alary Reason f or leaving From (m onth/y ear): Em ploy er name To (month/y ear): Em ploy er addr ess Job position (working title) Descri ption of your work duties Average monthly s alary Reason f or leaving COS-10 (R-01/11/2010) Date: _______ _____________ Page 3 of 6 (Last Name, F irst and Middle Name) ( ) COS-10 (R-01/11/2010) Date: _______ _____________ Page 4 of 6 (Last Name, F irst and Middle Name) D. STATUS Are you cu rrently in carcerated in a Tex as penal in stitu tion ? If “yes,” list you r (TDCJ-CID) identif icat ion num ber. Yes ID n umber: No Were you ev er incarcerated in a Tex as penal institu tio n? If “yes,” list all (TDCJ-CID) ide ntification numb ers. Yes Prio r ID n umber: Prio r ID n umber: No Are you cu rrently serv ing a term of pro bation ? If “yes”, iden tify the coun ty o f current residence, name and phon e number of your probatio n officer. Yes Co un ty: Nam e: Num ber: No Are you cu rrently o n parole, an nu al repo rt statu s, or serv ing a ter m of m andat ory supe rvision? If “ yes ,” iden tify the coun ty o f current r esidenc e. Yes Co un ty: No Do you have any pe nding c riminal char ges ? If “yes,” atta ch an exp lanation page. Place the attachment behind this pag e. Yes No Have you been incarce rated in a fe deral or non-Te xas state institu tio n? If “yes,” list all identification nu mb ers. Include the fa cility name and location . Yes ID N umber: Institu tion : Lo cation : No COS-10 (R-01/11/2010) Date: _______ _____________ Page 5 of 6 (Last Name, F irst and Middle Name) E. JUSTIFICATION FOR CLEM ENCY CONSIDERATION (1) State the reas ons and circumstanc es fo r requesting a commutation of sentence. Com plete this p age befor e attach ing any addi tiona l pag e(s). P lace any a ttachments immediately beh ind this page. COS-10 (R-01/11/2010) Date: _______ _____________ Page 6 of 6 (Last Name, F irst and Middle Name) F. CERTI FICATION BY APPLICANT Please r ead the following statements ca refully and i ndicate your understanding and acceptance by signing in the space provided. This applicati on must be signed. I hereb y gi ve m y perm ission t o the Boa rd of Pard ons and Paroles or its designa ted agent to make any inquiry and receive any inform ation of record that it m ay deem proper in the investigation of this application for clem en cy ; and I understand t hat co mpliance with these requirem ents is sufficient for the Board' s consideration of this application, but com plian ce does not necessarily mean that fav orable action will result. I hereb y swear upon m y oath that I am the subject herein nam ed and the facts contained in this application are true and correct. Applicant’s Signature (Full Name) Date Yes No Yes No $ Yes No $ Yes No COS-10 (R-01/11/2010) Date: _______ _____________ (Last Name, F irst and Middle Name) CRIMINAL HISTORY INFORM ATI O N Provide information on all criminal convictions f or which you ar e requesting a Commutation of Sentence (list o ne offen se p er page ) and the d isposition of each conviction . Al l blanks must be completed for each convi ction . Included in this application are two (2) blank “C riminal Histor y Inform ation” p ages provided in the ev ent that you have multiple co nvictions . Photocopy as m any of these bla nk pages as need ed to lis t ad ditional con viction s. Criminal Offense: List the offense as it appear s in the co urt document ation. Are you req uesting a Commu tation of S entence fo r th is offen se? Yes / No Additional Information abou t the Criminal Offense County : State : Cau se Nu mb er: Court of Adjudication: Dis position /Senten ce Dat e: Date of sent encin g. Cour t Disposition/Se nte nce: Examples of possible responses that you may mod ify to reflect your circum stance : 5 years TDCJ 2 years S tate Jail Felony 2 years prob ation Fin e ordered in th e S entence? If “Yes”, indica te the amount: Was the fine paid in full? Res titu tion ord ered in th e S entence? If “Yes”, indica te the amount: Was the r estitution paid in full ? COS-10 (R-01/11/2010) Date: _______ _____________ (Last Name, F irst and Middle Name) SUBJECT’S VERSION On this “Subject’s Version” page you are providing additional inf ormation – your versi on of events – about the offense that you listed on th e pr eced ing “ Crim inal His tory Infor mation” pag e. De scribe in you r own words the fac tual circum stances of th e offense. Responses such as “N/A,” “Unk nown,” or “N one” ar e not acceptable for th is section of the app lication . If you do not remember any of the details about this off ense you may pro vide a statemen t to that effect. Crimina l Offense: List the off ense as it ap pears in the court d ocumentation. The offe nse should mat ch the w ording on the co rrespo ndin g Crimina l Histor y Information p age. Loca tion : Offe nse da te(s ): Law enforcem ent agen cy involved: State in de tail events leading up to the offe nse a nd the extent of your invol vement in this case : Complete this page before attaching any additional page( s). Place any atta chments im mediately behind this page. Court Documentation & Offense Reports Place all cour t docum ents and offense/arrest reports for this offens e after y our Subject’ s Version page(s). Refer to application instruction Page 2 of 2, Procedures for Obtaining Court Documentation, for inform ation on docum ents to provide with the application. Yes No ? Yes No $ Yes No $ Yes No COS-10 (R-01/11/2010) Date: _______ _____________ (Last Name, F irst and Middle Name) CRIMINAL HISTORY INFORM ATI O N Provide information on all criminal convictions f or which you ar e requesting a Commutation of Sentence (list o ne offen se p er page ) and the d isposition of each conviction . Al l blanks must be completed for each convi ction . Included in this application are two (2) blank “C riminal Histor y Inform ation” p ages provided in the ev ent that you have multiple co nvictions . Photocopy as m any of these bla nk pages as need ed to lis t ad ditional con viction s. Criminal Offense: List the offense as it appear s in the co urt document ation. Are you req uesting a Commu tation of S entence fo r th is offen se? Yes / No Additional Information abou t the Criminal Offense County : State : Cau se Nu mb er: Court of Adjudication: Dis position /Senten ce Dat e: Date of sent encin g. Cour t Disposition/Se nte nce: Examples of possible responses that you may mod ify to reflect your circum stance : 5 years TDCJ 2 years S tate Jail Felony 2 years prob ation Fin e ordered in th e S entence? If “Yes”, indica te the amount: Was the fine paid in full? Res titu tion ord ered in th e S entence If “Yes”, indica te the amount: Was the r estitution paid in full ? COS-10 (R-01/11/2010) Date: _______ _____________ (Last Name, F irst and Middle Name) SUBJECT’S VERSION On this “Subject’s Version” page you are providing additional inf ormation – your versi on of events – about the offense that you listed on th e pr eced ing “ Crim inal His tory Infor mation” pag e. De scribe in you r own words the fac tual circum stances of th e offense. Responses such as “N/A,” “Unk nown,” or “N one” ar e not acceptable for th is section of the app lication . If you do not remember any of the details about this off ense you may pro vide a statemen t to that effect. Crimina l Offense: List the off ense as it ap pears in the court d ocumentation. The offe nse should mat ch the w ording on the co rrespo ndin g Crimina l Histor y Information p age. Loca tion : Offe nse da te(s ): Law enforcem ent agen cy involved: State in de tail events leading up to the offe nse a nd the extent of your invol vement in this case : Complete this page before attaching any additional page( s). Place any atta chments im mediately behind this page. Court Documentation & Offense Reports Place all cour t docum ents and offense/arrest reports for this offens e after y our Subject’ s Version page(s). Refer to application instruction Page 2 of 2, Procedures for Obtaining Court Documentation, for inform ation on docum ents to provide with the application. COMM UTATION OF S ENTENCE CHECKLI ST Before sub mitting your applicati on, please ensure that yo u have complied with a ll applicati on instructions and have revie wed the ch ecklist information provided on this page. Incomplete applications will not be f orwarded to the Texas Board of Pardons and P aroles for voting consideration. Eligibility Did y ou review y our eligibilit y for commutation o f sentence consideration by reviewing board rules governing commutation of sentences? Completing the Commutation of Sentence Application Form Did you com plete the application form as instructed? Re view to ensure that you have com plied with all instructions, i ncluding the f ollowing: (1) Type or pri nt legibl y in bla ck or blue i nk; (2) Do not alter the presentation of the application by re formatting or rewr iting the for m, and do not bind or staple the application; (3) Respond to al l item s, if necessary using “N/A , “Unknown,” “None,” or “Do not r emember;” (4) For each ad ult conviction for which you are requesting a co mm utation of sentence, co mplete application pages titled “Cri minal History Inform ati on” and “Subj ect’s Version” as instructed, with a co mplete and detailed Subject’s Version of Offe nse with location, offense date, law enforc ement agency invol ved, events leading up to t he offe nse and your extent of invol vement in the case; (5) Sign with yo ur full nam e the applica tion form with a date of signature. Certified Court Documentation Did you provide appropria te certified court docum entation (indict ment/co mplaint/inform ation, judgm ent & sentence) or clerk statement (fine/restitution paid) for all convictions for which you are requesting a co mm utation of sentence? Refer to ap plication inst ruction Page 2 of 2, Procedures for Obtaining Court Docu mentation, for detailed instructions . Offense/Arrest Reports Did you pro vide offense reports for all convictions for which you are requesting a co mm utation of sentence fro m the appropriate law enfo rce ment agency? For exa mple, if you were arrest ed by the Austin Police Department, y ou must request offense reports from that agency . If you w ere arrested b y the Travis Count y Sheriff’s Departm ent, you m ust contact that agency . If y ou are unsure of the arr esting agency, y ou may acc ess public rec ord inform ati on pertaining to cri minal convictions by accessing t he Texas Depart ment of Pub lic Safety (DPS) Cri me Records Service websit e http://records. txdps.state.tx. us/ ; or y ou may contact DPS to r equest as sistan ce in acquiring cri mina l histor y inf ormation. COS-10 (R-01/11/2010) Page 1 of 2 TEXAS BOARD OF PARDONS AND PAROLES RULES Chapter 1 43. EX ECUTIVE CLEM ENCY Subchapter E. COMMUTATION OF SENTENCE §143 .51. Com mutation of Sentence Except in cases of treason and im peachment, upon t he r eco mmend ation of the board, the governor may grant a commutation of sentence (Texas Constitution, Article IV, §11). §143 .52. Com mutation of Sentence, Felony, or Mis dem eanor (a) The board wi ll consider reco mmending to the go vern or a commutation of senten ce upon a req uest acco mpanied by the written reco mmendation of a m ajority of the tria l officials. (b) If the convict ed person has the reco mmendation of two of the trial officials and no written co mm unicati on is received from third trial official, the board shall give the re maining trial official at least 10 day s notice that such a cle mency recomme ndation is being considered by the board (§508. 050 , Governm ent Code). (c) In cases tried prior to the tenure of the presen t office-h olders, the reco mmendation of persons holding such offices at the time of the trial of the case may be used t o bolster and support t he reco mmendat ion of the present trial officials, if in com plian ce wit h the require ments of subsection (d) of this section. (d) The requirements of a recommendation of trial o fficials for commu tation of sentence must inc lude the following: (1) a state ment that the penalty now appears to be excessi ve; (2) a reco mmend ation of a defi nite term now consid ered by the officials as just and proper; and (3) a statement of the reasons for the recomme ndation based upon fact s directly related to the facts of the ca ses and in existence, but not ava ilable to, the court or jury at the time of the trial, or a statutor y change in penalt y for the cri me wh ich would appear to make the original penalty exces sive. (e) If the convicted person is not confined in the Te xas Department of Corrections, a certified cop y of the judgm ent and sentence m ust be furnished. §143 .53. Com mutation of Rem ainder of Jai l Sentence and/or Fine after Reprieve The board wi ll consider reco mmending to the go vern or a commutation of t he remainder of the ti me left to serve on a jail sentence and/or comm utation of fi ne af ter satisfactory com pletion of a reprieve of the jail sentence and/or fine. COS-10 (R-01/11/2010) Page 2 of 2