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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S00394 Summary: BILL NO S00394 &nbsp SAME AS SAME AS A00403

&nbsp SPONSOR MYRIE &nbsp COSPNSR BAILEY, BRISPORT, BROUK, CLEARE, COMRIE, FAHY, FERNANDEZ, GONZALEZ, HOYLMAN-SIGAL, JACKSON, KAVANAGH, MAY, PARKER, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, SUTTON, WEBB &nbsp MLTSPNSR &nbsp Add §15-a, amd §17, Exec L &nbsp Establishes application processing and review requirements for reprieves, commutations and pardons by the governor; requires the governor to provide: a written notification that the application has been received; a receipt number that the applicant can then use to check on the applicant's application status; guidelines for supplementing the application with additional or updated information; and a notification when a decision is made on the application; requires quarterly reports to the legislature regarding reprieves, commutations and pardons.

Go to top S00394 Text:

STATE OF NEW YORK ________________________________________________________________________

394

2025-2026 Regular Sessions

IN SENATE

(Prefiled)

January 8, 2025 ___________

Introduced by Sens. MYRIE, BAILEY, BRISPORT, BROUK, CLEARE, FERNANDEZ, GONZALEZ, HOYLMAN-SIGAL, JACKSON, KAVANAGH, MAY, RAMOS, RIVERA, SALA- ZAR, SEPULVEDA, SERRANO, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction

AN ACT to amend the executive law, in relation to establishing applica- tion processing and review requirements for reprieves, commutations and pardons

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Short title. This act shall be known and may be cited as 2 the "Clemency Justice Act". 3 § 2. Legislative findings and intent. The legislature hereby finds 4 that families and communities are frequently torn apart due to the 5 United States' overzealous legal system and immigration system, and that 6 one of the predominant tools to mitigate this issue, executive clemency, 7 is grossly underused. Between 2017-2020, the governor's office received 8 6,405 clemency applications while only granting 81 pardons and 14 commu- 9 tations. The legislature further finds that the clemency process is 10 convoluted, unequal, and difficult to navigate with no way for appli- 11 cants to check the status of their application or expedite it in case of 12 an emergency. Meanwhile, an estimated 9,000 people, of which the over- 13 whelming majority are people of color, are serving life sentences while 14 an unprecedented pandemic ravages prisons and detention centers. A 15 simpler, more holistic approach to granting clemency would begin to 16 address the systemic injustices of the immigration and criminal legal 17 systems. 18 § 3. The executive law is amended by adding a new section 15-a to read 19 as follows: 20 § 15-a. Process and requirements for considering applications and 21 requests for reprieves, commutations and pardons. 1. Upon receipt of an 22 application for a reprieve, commutation or pardon, the governor shall 23 provide to the applicant:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01661-01-5

S. 394 2

1 a. a written notification that the application has been received; 2 b. a receipt number that the applicant can then use to check on the 3 applicant's application status; 4 c. guidelines for supplementing the application with additional or 5 updated information; and 6 d. an electronic or written notification when a decision is made on 7 the application. 8 2. a. The application for a reprieve, commutation or pardon shall 9 include a section allowing applicants to describe an urgent need for the 10 reprieve, commutation or pardon. For the purposes of this section, an 11 "urgent need" shall include, but not be limited to, a pending deporta- 12 tion proceeding or final deportation order, humanitarian concerns, 13 health issues and the aging status of the applicant. 14 b. Applicants are permitted to update an application to indicate 15 urgent need due to changed circumstances following the initial 16 submission of the application. 17 3. The governor shall issue a decision on applications indicating 18 urgent need within ninety days from the date the application is 19 received. All other applications shall be granted or denied, or contin- 20 ued within one year from the date that the application is received. All 21 applicants shall receive written notification of any such action taken 22 on the application. Continued applications shall be left open to allow 23 applicants to submit further supporting materials according to guide- 24 lines provided to the applicant by the governor. 25 § 4. Section 17 of the executive law, as added by chapter 545 of the 26 laws of 1971, is amended to read as follows: 27 § 17. Governor to [ communicate annually to legislature, reprieves, 28 commutations and pardons. He must annually communicate to the legisla- 29 ture, each case of reprieve, commutation or pardon; stating the name of 30 the convict, the crime of which he was convicted, the sentence and its 31 date, and the date of the commutation, pardon or reprieve ] submit 32 reports to the legislature on a quarterly basis regarding reprieves, 33 commutations and pardons. 1. The governor shall submit a report to the 34 legislature on a quarterly basis regarding reprieves, commutations and 35 pardons. 36 2. Such report shall include: 37 a. The number of applications for reprieves, commutations and pardons 38 submitted pursuant to section fifteen-a of this article; and 39 b. If a reprieve, commutation or pardon was granted: (i) the date of 40 the commutation, pardon or reprieve; and (ii) the age, gender, race and 41 ethnicity of the approved applicant; or 42 c. If a reprieve, commutation or pardon was denied, the age, gender, 43 race and ethnicity of the denied applicant. 44 3. Such reports shall not include any personally identifiable informa- 45 tion about applicants. 46 4. The reports required by this section shall be published on a 47 publicly accessible website . 48 § 5. This act shall take effect on the sixtieth day after it shall 49 have become a law and shall apply to applications for reprieves, commu- 50 tations and pardons received before, on or after the effective date of 51 this act. Effective immediately, the addition, amendment and/or repeal 52 of any rule or regulation necessary for the implementation of this act 53 on its effective date are authorized to be made on or before such date.

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