Legislative Advocacy
The Clemency Justice Act strengthens and brings transparency to New York’s clemency process.
Clemency has the potential to confront our mass deportation and incarceration crisis, and free our communities from the harms of these unjust systems.
Why does New York need the Clemency Justice Act?
As the US continues to aggressively deport and incarcerate people at record rates, New York’s immigrants and people of color are particularly vulnerable to being separated from their loved ones. This crisis not only separates communities, but it inflicts layers of harms - financial, social, and mental - on communities that are often already struggling. For Black communities, who are disproportionately targeted by law enforcement, this crisis is especially brutal and devastating.
New York’s Governor is constitutionally authorized to grant clemency, which can serve as a corrective tool to the injustices of excessive sentencing and permanent exile. Under former-Governor Cuomo, clemency was especially disregarded; between 2017-2020, Cuomo received over 6,400 clemency applications, and granted 95 clemencies -- or only 1.5% of all clemency applications.
With an unprecedented pandemic ravaging immigration detention centers and prisons, New Yorkers need this bill now more than ever.
How does the Clemency Justice Act propose to strengthen clemency?
This bill would strengthen and bring more transparency and accountability to New York’s clemency power.
A better process.
This bill establishes a system for processing and evaluating clemency applications. Currently, the clemency process is convoluted and inaccessible, with no way for applicants to check the status of their application or expedite it in case of an emergency, such as life-threatening health conditions or imminent deportation by ICE.
Often, applicants wait not just months, but years before receiving any communication from the Governor’s office or Department of Corrections and Community Supervision (DOCCS).
This bill requires the Governor to provide notice at several stages, including confirmation when the application is received, and a status update one year later.
Additionally, applicants would be able to indicate an “urgent need” requiring the Governor to expedite a decision on their application.
Transparency and Accountability.
This bill requires the Governor to provide regular reports on clemency applications to the legislature and the public. Currently, information on pardons and commutations - including applications received, granted, and demographic information is not made available to the public.
Through this reporting requirement, the Governor would be mandated to publicly share this information. Personally identifying information would be kept private to protect the confidentiality of applicants.