What's happening
The Clemency Justice Act streamlines New York's clemency process, sets timelines for decisions, and requires quarterly public reporting on applications.
Why it matters
Creates more transparency and accountability. By requiring written notifications, receipt numbers for application tracking, and clear guidelines for supplementing applications, the bill makes the clemency process less opaque and more accessible, especially for applicants who often feel lost in the system.
Prioritizes urgent cases and expedites relief. The act requires the governor to make decisions on applications with an "urgent need" (such as pending deportation, serious health concerns, or aging) within 90 days, addressing situations where delays could have severe or irreversible consequences.
Mandates demographic reporting to expose disparities. By collecting and publishing anonymized data on the age, gender, race, and ethnicity of applicants and outcomes, the law enables public and legislative scrutiny of potential biases or inequities in how clemency is granted or denied.
Extends new protections retroactively. The requirements and processes established by the act apply to new and pending clemency applications, potentially benefiting those already in the system and not just future applicants.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Streamline Clemency Application Process
Plain English, a few words. Used as the page title.
Sponsors
History
- Reported and committed to finance
- Referred to crime victims, crime and correction
- Reported and committed to finance
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Streamline Clemency Application Process
In Assembly Committee · Governmental Operations · Sponsor Michaelle C. Solages
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 application processing and review requirements for reprieves, commutations and pardons
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "Clemency Justice Act".
§ 2. Legislative findings and intent. The legislature hereby finds that families and communities are frequently torn apart due to the United States' overzealous legal system and immigration system, and that one of the predominant tools to mitigate this issue, executive clemency, is grossly underused. Between 2017-2020, the governor's office received 6,405 clemency applications while only granting 81 pardons and 14 commutations. The legislature further finds that the clemency process is convoluted, unequal, and difficult to navigate with no way for applicants to check the status of their application or expedite it in case of an emergency. Meanwhile, an estimated 9,000 people, of which the overwhelming majority are people of color, are serving life sentences while an unprecedented pandemic ravages prisons and detention centers. A simpler, more holistic approach to granting clemency would begin to address the systemic injustices of the immigration and criminal legal systems.
§ 3. The executive law is amended by adding a new section 15-a to read as follows:
§ 15-a. Process and requirements for considering applications and requests for reprieves, commutations and pardons. 1. Upon receipt of an application for a reprieve, commutation or pardon, the governor shall provide to the applicant:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01661-01-5
a. a written notification that the application has been received;
b. a receipt number that the applicant can then use to check on the applicant's application status;
c. guidelines for supplementing the application with additional or updated information; and
d. an electronic or written notification when a decision is made on the application.
2. a. The application for a reprieve, commutation or pardon shall include a section allowing applicants to describe an urgent need for the reprieve, commutation or pardon. For the purposes of this section, an "urgent need" shall include, but not be limited to, a pending deportation proceeding or final deportation order, humanitarian concerns, health issues and the aging status of the applicant.
b. Applicants are permitted to update an application to indicate urgent need due to changed circumstances following the initial submission of the application.
3. The governor shall issue a decision on applications indicating urgent need within ninety days from the date the application is received. All other applications shall be granted or denied, or continued within one year from the date that the application is received. All applicants shall receive written notification of any such action taken on the application. Continued applications shall be left open to allow applicants to submit further supporting materials according to guidelines provided to the applicant by the governor.
§ 4. Section 17 of the executive law, as added by chapter 545 of the laws of 1971, is amended to read as follows:
§ 17. Governor to [communicate annually to legislature, reprieves, commutations and pardons. He must annually communicate to the legislature, each case of reprieve, commutation or pardon; stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve] submit reports to the legislature on a quarterly basis regarding reprieves, commutations and pardons. 1. The governor shall submit a report to the legislature on a quarterly basis regarding reprieves, commutations and pardons.
2. Such report shall include:
a. The number of applications for reprieves, commutations and pardons submitted pursuant to section fifteen-a of this article; and
b. If a reprieve, commutation or pardon was granted: (i) the date of the commutation, pardon or reprieve; and (ii) the age, gender, race and ethnicity of the approved applicant; or
c. If a reprieve, commutation or pardon was denied, the age, gender, race and ethnicity of the denied applicant.
3. Such reports shall not include any personally identifiable information about applicants.
4. The reports required by this section shall be published on a publicly accessible website.
§ 5. This act shall take effect on the sixtieth day after it shall have become a law and shall apply to applications for reprieves, commutations and pardons received before, on or after the effective date of this act. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to establishing applica- tion processing and review requirements for reprieves, commutations and pardons
Purpose
To amend the Executive Law, in relation to establishing application processing and review requirements for reprieves, commutations, and pardons.
Summary of provisions
Section 1 provides the title of the bill, "Clemency Justice Act".
Section 2 establishes the legislative findings and intent.
Section 3 amends the Executive Law by adding a new section 15-a, which requires the governor to provide written notification to the applicant regarding receipt of application and a receipt number to check the application's review status. Guidelines are also included in this new section for supplementing applications with additional or updated infor- mation, and providing written notification of the governor's decision.
Section 4 amends section 17 of the Executive Law by requiring the gover- nor to submit quarterly reports on reprieves, commutations, and pardons to the legislature and publish them on a publicly accessible website.
Section 5 provides the effective date.
Justification
The United States continues to aggressively incarcerate and deport people, primarily people of color, at record rates. Approximately 9,000 individuals are serving life sentences in severely overcrowded and poor- ly maintained institutions. Families, and the communities in which they reside, become emotionally and financially destabilized with the perma- nent loss of one of their own to the criminal justice system. Yet, lead- ers are still hesitant to use reprieves, commutations, and pardons as tools to reduce the strain on the system. From 2017 to 2020, New York's governor received 6,405 clemency applications but only granted 81 pardons and 14 commutations. The clemency process is also difficult to navigate and currently does not provide applicants with status updates or the opportunity to expedite a decision when needed. This bill would reduce the systemic injustice the clemency process currently perpetuates by increasing transparency and accessibility.
Legislative history
S222A of 2023-24: Reported and committed to Finance
S7667 of 2021-22: Reported and committed to Finance
Fiscal implications
To be determined.
Effective date
This act shall take effect on the sixtieth day after it shall have become a law and shall apply to applications for reprieves, commu- tations, and pardons received on, before, or after the effective date of this act. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.