LAC 22:V.203 – Eligibility for Clemency Consideration

A. Eligibility
1. 1. Pardon. A person may not apply for a pardon if the applicant has any outstanding detainers or any pecuniary penalties or liabilities totaling more than $1,000 resulting from any criminal conviction or traffic infraction. In addition, no person is eligible to apply for a pardon unless the applicant has paid all court costs imposed in connection with the conviction of the offense for which the pardon is requested.
2. 2. Commutation of Sentence. A person may not be considered for a commutation of sentence unless he or she has been granted a hearing by the Pardon Board and has had his or her case placed upon a Pardon Board agenda. A person who is serving a life sentence resulting from a commutation of sentence of death shall not thereafter be eligible to apply for commutation of sentence to a specific number of years. See §204 for Capital Case eligibility.
3. 3. Remission of Fines and Forfeitures. A person may not apply for a remission of fines and forfeitures unless he or she has completed all sentences imposed and all conditions of supervision have expired or been completed, including, but not limited to, parole and/or probation.
4. 4. Specific Authority to Own, Possess, or Use Firearms. A person may not apply for the specific authority to own, possess, or use firearms unless he or she has completed all sentences imposed for the applicant's most recent felony conviction and all conditions of supervision imposed for the applicant's most recent felony conviction have expired or been completed, including, but not limited to, parole and/or probation, for a period of five years. The applicant may not have any outstanding detainers, or any pecuniary penalties or liabilities which total more than $1,000 and result from any criminal conviction or traffic infraction. In addition, the applicant may not have had any outstanding victim restitution, including, but not limited to, restitution pursuant to a court or civil judgment or by order of the committee on parole.
B. Applications. All applications must be submitted in accordance with §205, Application Filing Procedures.
C. Incarcerated Applicants or Applicants Under Supervision of the Louisiana Department of Public Safety and Corrections
1. 1. An incarcerated applicant who is not serving a life sentence for a non-violent offense may request a commutation of sentence:
  1. a. at any time; and
  2. b. must have been disciplinary report free for a period of at least 36 months prior to the date of the application or at the time of the hearing; and
  3. c. must not be classified to maximum custody status at the time of the application or at the time of the hearing; and
  4. d. must possess a marketable job skill, either through previous employment history or through successful completion of vocational training while incarcerated.
2. 2. An incarcerated applicant who is not serving a life sentence, but who is serving a sentence for a violent offense as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541 may request a commutation of sentence:
  1. a. after having served a minimum of 10 years; and
  2. b. must have been disciplinary report free for a period of at least 36 months prior to the date of the application or at the time of the hearing; and
  3. c. must not be classified to maximum custody status at the time of the application or at the time of the hearing; and
  4. d. must possess a marketable job skill, either through previous employment history or through successful completion of vocational training while incarcerated, unless deemed unable to work due to medical or mental health condition.
3. 3. An incarcerated applicant who is serving a life sentence for a non-violent offense may request a commutation of sentence:
  1. a. after having served a minimum of 15 years (The 15 years shall include periods of time prior to the imposition of the sentence in which the applicant was in actual custody for the offense for which he or she was sentenced to life imprisonment.); and
  2. b. must have been disciplinary report free for a period of at least 36 months prior to the date of the application or at the time of the hearing; and
  3. c. must not be classified to maximum custody status at the time of the application or at the time of the hearing; and
  4. d. must possess a marketable job skill, either through previous employment history or through successful completion of vocational training while incarcerated, unless deemed unable to work due to medical or mental health condition.
4. 4. An incarcerated applicant who is serving a life sentence for a violent offense as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541 may request a commutation of sentence:
  1. a. after having served a minimum of 25 years (The 25 years shall include periods of time prior to the imposition of the sentence in which the applicant was in actual custody for the offense for which he or she was sentenced to life imprisonment.); and
  2. b. must have been disciplinary report free for a period of at least 36 months prior to the date of the application or at the time of the hearing; and
  3. c. must not be classified to maximum custody status at the time of the application or at the time of the hearing; and
  4. d. must possess a marketable job skill, either through previous employment history or through successful completion of vocational training while incarcerated, unless deemed unable to work due to medical or mental health condition.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:573.1, 15:574.12, and 44:1 et seq.

Historical Note

HISTORICAL NOTE: Promulgated by the Office of the Governor, Board of Pardons, LR 39:2255 (August 2013), amended LR 42:1087 (July 2016), amended by the Office of the Governor, Board of Pardons and Committee on Parole, LR 44:574 (March 2018), amended by the Office of the Governor, Board of Pardons, LR 44:1006 (June 2018), LR 47:358 (March 2021), repromulgated LR 47:455 (April 2021), amended LR 50:1265 (September 2024). LR 51:293 (February 2025).