Judges
and juries are sentencing prisoners to longer and longer terms every
day. It is not unusual to see youthful and first time offenders
sentenced to 25 years, 50 years or life in prison. As a result,
prisoners often inquire about obtaining a "time cut" in order to reduce
their sentences. The formal term for a "time cut" is a commutation of
sentence and the procedure is set out in ยง143.52 of Title 37 of the Texas Administrative Code.
The Texas
Board of Pardons and Paroles will consider recommending to the Governor a
commutation of sentence if it receives a request for a commutation and
the request is accompanied by the written recommendation of at least two
of the three trial officials. (Trial officials are the sheriff and
district attorney of the county of conviction and the sitting judge of
the court in which the conviction occurred). The written
recommendations from the trial officials must include the following
information: (1) a statement that the penalty now appears to be excessive; (2) a recommendation of a definite term now considered by the officials as just and proper; and (3) a statement of the reasons for the recommendation based upon facts directly
related to the facts of the cases and in existence, but not available
to, the court or jury at the time of the trial, or a statutory change in
penalty for the crime which would appear to make the original penalty
excessive.
After obtaining the
favorable written recommendations of the trial officials, a majority of
the Texas Board of Pardons and Paroles must vote to send the request to
the Governor with a recommendation to grant the time cut.
In 2007, the
Board received 8 time cut requests. Of those, only 1 was sent to the
Governor's office with a favorable recommendation.
In 2008, the Board
received 36 time cut requests and did not send any to the Governor's
office with a favorable recommendation.
In 2009, the Board received 58 time cut
requests. Of those, only 1 was sent to the Governor's office with a
favorable recommendation.
In 2010, the Board
received 84 time cut requests. Of those, only 1 was sent to the
Governor's office with a favorable recommendation.
As for the Governor,
the last time he granted a time cut request was in 2003. That same year
he denied five other requests that had been on his desk since 2001.
Pursuing a time cut is a complex process that requires diplomacy and expertise.
If you are interested in pursuing a time cut, please contact Erick Platten. (903) 593-9100
