BILL NUMBER: S394
SPONSOR: MYRIE
 
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.

Statutes affected:
S394: 17 executive law