Executive Clemency – How to Commute a Nevada Sentence

• Parolees given a fixed sentence who have served less than one-half of their parole period so far;
• Parolees originally sentenced to life who have served less than 10 consecutive years on parole so far; and
• Prisoners sentenced to the death penalty or life in prison without the possibility of parole after July 1, 1995 (though death row inmates may be able to get their sentence commuted down to life in prison without parole).

Anyone convicted of a crime is encouraged to consult with an attorney to discuss whether commutation is possible and other avenues of post-conviction relief, such as appeals and writs of habeas corpus.

In this article, our Las Vegas Nevada criminal defense attorneys discuss:

• 1. What is a commutation?
• 2. How to Apply
• 3. Eligibility
• 4. Sentences from Outdated Laws
• 5. Costs
• 6. Notice to Victims
• 7. Odds of Success
• 8. Commutation vs. Pardons
• Additional Resources

1. What is a commutation?

A commutation in Nevada is when the State Board of Pardons Commissioners (“Board”) reduces a defendant’s criminal sentence.¹ Examples are the Board reducing a defendant’s death sentence down to life without the possibility of parole, or the Board reducing a 20-year sentence down to a 15-year sentence.

The Board consists of the:

• Nevada governor,
• attorney general, and
• all seven justices of the Nevada Supreme Court

A majority of the Board (including the governor) is required to approve a defendant’s commutation request.²

People often use the term “commutation” interchangeably with “executive clemency.” However, “executive clemency” is a broader concept than commutation: “Executive clemency” also includes pardons, which is a separate legal concept from commutation (as discussed below in section 8).³

2. How to Apply

People seeking a sentence reduction must submit an application to the Board. Defendants may obtain applications from a warden at the Nevada Department of Corrections. (The application will probably be similar to this one from 2017.)

The commutation application must include the following information:

• the defendant’s name;
• the Nevada court which convicted the defendant;
• the punishment the defendant was sentenced to;
• reasons that the Board should reduce the sentence; and
• any other relevant information

The defendant must apply to the Board at least 90 days before the Board’s next meeting to be considered at the meeting (unless the Governor makes an exception).

If the Board decides to consider a commutation application at its next meeting, the Board must let the district attorney and judge in the original case know (unless the case involves the death penalty).⁴ Once the district attorney receives notice of the commutation application, the district attorney will give the Board a written statement describing the facts of the case and any information relevant to the Board’s decision.⁵

Anyone in the general public can provide input in support or opposition of a commutation via fax at 775-687-6736 or mail at:

Nevada Pardons Board

ATTN: Office of the Executive Secretary

1667 Old Hot Springs Rd Suite A,

Carson City, NV 89706

Ultimately, the approval of the governor and at least four (4) Board members is necessary to approve a sentence reduction.⁶

3. Eligibility

A defendant’s eligibility for commutation in Nevada depends on whether the defendant is currently:

1. in prison,
2. on parole,
3. sentenced to death, or
4. sentenced to life without the possibility of parole

Note that sentences for treason may not be commuted.⁷

Commutation for Prisoners

Nevada prisoners may not get their sentences commuted if they are eligible for parole — or become eligible for parole — on a date less than one (1) year after the date of the next Board meeting. The only exception is if the defendant shows “extraordinary circumstances.”⁸

Commutation for Parolees

Nevada parolees may be eligible for a sentence reduction if either:

• they were sentenced to life in prison and served at least ten (10) consecutive years on parole; or
• they were not sentenced to life in prison and served one-half of the period of their parole

However, the Board will not consider reducing these parolees’ sentences unless:

• the State Board of Parole Commissioners refused to file a petition for a modification of the sentence despite the support of the Division of Parole and Probation of the Department of Public Safety; or
• the court denied the petition for a modification of the sentence

Note that Board members are allowed to consider commutation applications of people who ordinarily would be ineligible.⁹ Therefore, parolees who may be ineligible are still encouraged to apply for commutation in the hopes that a Board member will cherry-pick their application for special consideration.

Commutation for Prisoners Sentenced to Death

The Board may commute a death sentence down to a sentence that allows parole if either:

• the defendant was younger than 18 when they committed first-degree murder; or
• the defendant was convicted before July 1, 1995

Note that the Board does not consider reducing death sentences unless the defendants have exhausted all other legal avenues (such as appeals).¹⁰

Commutation for Prisoners Sentenced to Life Without the Possibility of Parole

The Board may commute a Nevada sentence of life without the possibility of parole down to a sentence that allows parole if either:

• the defendant was younger than 18 when they committed the crime; or
• the defendant was convicted before July 1, 1995¹¹

4. Sentences from Outdated Laws

People serving a criminal sentence that is longer than what current law requires are encouraged to apply for commutation. However, the Board does not commute sentences solely on the basis of updated laws. Instead, the Board will consider the entire case on the merits.¹²

5. Costs

There is no fee to apply for a commutation of a sentence in Nevada.¹³

6. Notice to Victims

If the Board commutes a person’s sentence, the Board will notify the crime’s victims by mail as long as they provide a written request and current mailing address.¹⁴

7. Odds of Success

Whether the Board will commute a person’s sentence depends entirely on the case. Defendants seeking a sentence reduction should consult with an experienced lawyer who knows how to compose persuasive applications.

8. Commutation vs. Pardons

Commutation is different from pardons. A commutation reduces people’s remaining criminal sentence. In contrast, a pardon “forgives” people of their past crime(s) long after they finished serving the sentence.

Depending on the case, pardons can also restore a person’s gun rights. A commutation does not restore gun rights.¹⁵ Learn more about applying for a pardon.

Additional Resources

For more information on commutations, refer to these scholarly articles:

• Faith in Fantasy: The Supreme Court’s Reliance on Commutation to Ensure Justice in Death Penalty Cases – Vanderbilt Law Review.
• Getting off Death Row: Commuted Sentences and the Deterrent Effect of Capital Punishment – The Journal of Law and Economics.
• Commutation of Prison Sentences: Practice, Promise, and Limitation – Crime & Delinquency.
• Consistency and Compensation in Mercy: Commutation in the Era of Mass Incarceration – Social Forces.
• Institutional Disparities: Considerations of Gender in the Commutation Process for Incarcerated Women – Signs: Journal of Women in Culture and Society.

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