New York S 394: Establishes application processing and review requirements for reprieves, commutations and pardons

Bill Text

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S00394 Summary:

BILL NOS00394 

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SAME ASSAME AS A00403

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SPONSORMYRIE

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COSPNSRBAILEY, BRISPORT, BROUK, CLEARE, COMRIE, FAHY, FERNANDEZ, GONZALEZ, HOYLMAN-SIGAL, JACKSON,
 KAVANAGH, MAY, PARKER, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, SUTTON, WEBB

&nbsp

MLTSPNSR

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Add §15-a, amd §17, Exec L

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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 Actions:

BILL NOS00394 

&nbsp

01/08/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

04/08/2025REPORTED AND COMMITTED TO FINANCE

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

05/05/2026REPORTED AND COMMITTED TO FINANCE

Go to topS00394 Committee&nbspVotes:

Go to topS00394 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00394 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 pro