can a person get out before eligabilty based on behavior,by parole board getting updated reports about inmate

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can a person get out before eligabilty based on behavior,by parole board getting updated reports about inmate

person incarcerated,is been there 5 months eligability is 36 months,has wife and children past history can he be transfered would make eligabilty better based on classification any of this possible? doing everything right What more can one do to prove eligibilty before 36 monthspast history was 20 years ago clean record up until past two years can write letters to parole board on our family s behalf?any suggestions for getting clemecy?

Asked on May 6, 2009 under Criminal Law, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The parole board cannot change the prisoner's eligibility for parole, because that is part of the sentence he received.  The parole board cannot even consider the person's case until he is eligible.

There are, usually, two ways to change a sentence.  One would be by filing a motion with the court that issued the sentence, and that doesn't usually work without showing something that the court overlooked the first time, either about the facts or the law.

The other way is to get his sentence reduced by the Governor, much like a pardon (which would wipe out the whole conviction, and any remaining sentence), in a process called clemency.  For this, you have to apply to the Board of Pardons, and you can find the information about how to start this process here:  http://sites.state.pa.us/PA_Exec/BOP/


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