Ask your case manager for the commutation form and submit it through the Warden. Under the Bureau of Prisons rule now in effect, the case manager has 30 calendar days to attach the court papers and prison records and route the packet for the Warden's signature. It then goes to the Office of the Pardon Attorney. A Bureau recommendation goes out only when that office asks the Director for one.

What the current Bureau rule says

A commutation asks the President to reduce a federal sentence that is still being served. Only the President can grant it (U.S. Const. art. II, § 2, cl. 1).

The Bureau's instructions are Program Statement 1335.01, Petition for Commutation of Sentence, approved September 3, 2026. It carries out 28 C.F.R. §§ 571.40 and 571.41. Those steps are for people who are serving a sentence. The program statement does not apply them to people held before trial, on holdover, or as detainees.

The Justice Department's rule still says a commutation petition, including remission of a fine, should be filed only when no other judicial or administrative relief is available, unless there are exceptional circumstances (28 C.F.R. § 1.3). That rule advises the Department. It does not limit the President (28 C.F.R. § 1.11).

What staff send with the petition

You can get the form and instructions from your case manager. The same form, OMB Control Number 1123-0015, is on the Pardon Attorney's apply page.

28 C.F.R. § 571.41(a) tells staff to suggest that you file through the Warden, so the institution can attach records the Pardon Attorney would otherwise have to request later. The program statement tells staff to process the petition even when you do not appear eligible.

Once staff receive the petition, the case manager has 30 calendar days to compile the documents and route them for the Warden's signature. The case manager notes receipt on the inmate activity record and on the needs plan at the next program review. The packet includes:

  • The petition for commutation of sentence
  • The presentence investigation report, if one is available
  • The judgment in a criminal case
  • A progress report, and a new one if the last report is older than 180 days
  • Medical records that bear on the request, if the petition is based on health
  • Any other documented information that is available and relevant

If the institution's physician certifies a medical emergency, staff must move the petition faster at each level, as resources permit.

The Pardon Attorney prefers email. The program statement says that address is on the Pardon Attorney's website. When email is not feasible, paper copies go to the Office of the Pardon Attorney, 950 Pennsylvania Avenue NW, Washington, DC 20530. The office may delay or return a petition that arrives without the required records. If it later asks the Warden for more documents, the Warden has 15 working days to send them.

When the Bureau makes a recommendation

A Bureau recommendation is not part of the ordinary packet. The Director sends one only when the Pardon Attorney specifically asks (28 C.F.R. § 571.41(b)). The Director may ask the Warden for comments first. The program statement gives the Warden 10 days to answer, and the Director then sends the recommendation to the Pardon Attorney.

The President makes the decision. The Attorney General reports a written recommendation (28 C.F.R. § 1.6(c)). Our guide on how to ask for a commutation covers what the Department weighs before that recommendation. While a petition is open, you can look it up in the clemency case status search. Our page on checking case status explains the labels.

If the President grants or denies it

If the President grants the petition, the Pardon Attorney sends the signed and sealed warrant to the Warden, with a copy to the Director. The Warden gives you the warrant and returns a signed receipt. Staff then recalculate the sentence in accordance with the terms of the commutation order (28 C.F.R. § 571.41(c)). If the warrant grants parole eligibility, staff place you on the parole docket.

The warrant's words control the new calculation. A grant can shorten the prison term and leave supervised release, a fine, or restitution in place, or it can change those parts too. Our page on what a commuted sentence means walks through that difference.

If the petition is denied, the Pardon Attorney ordinarily notifies the Warden and asks the Warden to give you the denial. The Pardon Attorney's FAQ says a new commutation petition may be filed 12 months after the date of denial.

What changed on September 3, 2026

Program Statement 1335.01 replaced Program Statement 1330.19, dated June 5, 2025. The new statement's summary of changes says it removed the requirement for victim and witness notification by unit management staff when a petition is received, and it updated the statement number to 1335.01.

The Attorney General's victim-notice rule is separate. Under 28 C.F.R. § 1.6(b), when the Attorney General decides that contacting a victim is warranted in a felony clemency case, the Department makes a reasonable effort to give notice of three things: that a petition was filed, that the victim may comment, and whether the President grants or denies it. For that rule, a victim is an individual who suffered direct or threatened physical, emotional, or pecuniary (money) harm from the offense and who has a request on file with the Bureau, under 28 C.F.R. § 551.152, to be notified of release. If that individual died or was rendered incompetent as a direct and proximate result of the offense, the rule uses a spouse, an adult offspring, or a parent, in that order. Mailing to the last-known address reported to the Bureau satisfies the reasonable-effort requirement.

What this means for you

  • If you are serving the sentence, ask the case manager for the form and keep a copy of what you submit.
  • If a loved one is helping, the person serving the sentence still signs the petition and submits it through the institution. Written updates can go to the Pardon Attorney while the case is pending. The FAQ says a second petition is not required just to add information.
  • If a warrant arrives, read it. The recalculated release date follows that document.

Book a consultation and tell us what happened. We'll listen, tell you whether we can help, and explain what comes next.