20111214-IR-GOV110734EOA EXECUTIVE ORDER: 11-10 FOR: MEDICAL CLEMENCY  

  • STATE OF INDIANA
    EXECUTIVE DEPARTMENT
    INDIANAPOLIS

    EXECUTIVE ORDER: 11-10

    FOR: MEDICAL CLEMENCY


    TO ALL TO WHOM THESE PRESENTS MAY COME, GREETINGS;

    WHEREAS, BRANDON JACKSON, who petitioned for a medical clemency, pled guilty in Marion County Superior Court in 2009 for the Unlawful Possession of a Firearm by a Serious Violent Felon, Class B Felony, for which he received a 10-year sentence with 4 years suspended to the Department of Correction; and

    WHEREAS, Jackson suffered a severe head injury in 2010 while he was incarcerated at the Indianapolis Re-Entry Facility; and

    WHEREAS, as a result of the injuries sustained, he underwent two separate surgeries and his neurological improvement seems unlikely; and

    WHEREAS, he is currently in the infirmary at the Plainfield Correctional Facility and must be fed by staff and needs 24-hour physical care as he has no ability to move without assistance; and

    WHEREAS, if not incarcerated, he would require 24-hour care and the State will help find a suitable treatment facility willing to accept Jackson; and

    WHEREAS, Jackson's family supports this petition and is willing to be involved in rehabilitation and treatment; and

    WHEREAS, after careful investigation and examination of all the facts in this case the Indiana Parole Board recommended to the Governor that the petitioner's sentence be commuted; and

    WHEREAS, the Governor, under Article 5 Section 17 of the Indiana Constitution, is empowered to grant commutation to individuals after conviction subject to such regulations as may be provided by law.

    NOW THEREFORE, I, Mitchell E. Daniels, Jr., Governor of the State of Indiana, having thought proper the extension of clemency under the authority vested in me by the Constitution and the laws of the State of Indiana, do hereby order:

    That the original sentence of Brandon Jackson to the Department of Correction be, and hereby is, conditionally commuted by suspending the remainder of his sentence subject to the following:
    1. Petitioner shall be subject to two years of supervised parole.

    2. Following the approval of appropriate placement by the Department of Correction, the petitioner shall be released on parole in accordance with the provisions of I.C. § 11-13-3 and related rules and procedures of established by the Indiana Parole Board and the Department of Correction's Parole Services Division.

    3. In the event the petitioner fails to successfully complete any of the aforementioned qualifications specified above, or any of the conditions thereof, or in the event the petitioner violates the conditions of his parole, the original sentencing and commitment order of the trial court shall be reinstated, and the petitioner shall be returned to the custody of the Department of Correction to complete the balance of such term.

    IN TESTIMONY WHEREOF, I, Mitchell E. Daniels, Jr., have hereunto set my hand and caused to be affixed the Great Seal of the State of Indiana on this 23rd day of November, 2011.

    Mitchell E. Daniels, Jr.
    Governor of Indiana

    SEAL
    ATTEST: Charles P. White
    Secretary of State

    Posted: 12/14/2011 by Legislative Services Agency

    DIN: 20111214-IR-GOV110734EOA
    Composed: Nov 01,2016 1:17:33AM EDT
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