DOJ Tries to Modernize Clemency Process

The Department of Justice (DOJ) is responsible for reviewing clemency petitions and making recommendations to the president for proper use of clemency power. Now DOJ is aiming to improve the clemency process to make it more transparent, accessible, and user-friendly.

The reforms are broken down into three categories: transparency and accessibility, efficiency, and public engagement.

Transparency and Accessibility

DOJ wants to simplify the forms needed for pardons and commutation of sentence to “make them more user-friendly, streamlined and accessible to diverse populations.”

While the new commutation of sentence application is already available, DOJ is still seeking public comment on the revised pardon application. DOJ also translated the revised forms into Spanish and is working on translations into additional languages.

In addition, the Office of the Pardon Attorney and the Federal Bureau of Prisons (FBOP) launched educational seminars for prison staff and individuals in custody to teach them about the clemency process.

Efficiency

DOJ wants to reduce processing times by providing additional staff and technical support to the Office of the Pardon Attorney. DOJ also wants to close long-pending petitions, including petitions that were filed during the Trump Administration.

Public Engagement

The reforms also call for public education on how to submit a clemency application to “demystify the process and help ensure broader and more equitable access.” There are also listening sessions scheduled to better inform the public about the process.

President Biden’s Clemency Actions

The updated procedures come as President Biden recently announced several clemency actions, designed to “deliver reforms that advance equal justice, address racial disparities, strengthen public safety, and enhance the wellbeing of all Americans.”

President Biden granted clemency for 11 individuals incarcerated with “disproportionately long sentences for non-violent drug offenses.”

The President also pardoned prior federal and DC offenses for simple possession of marijuana.

“Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities. Too many lives have been upended because of our failed approach to marijuana.  It’s time that we right these wrongs,” President Biden said in a statement.

The President also called on governors and local leaders to take similar steps to wipe away state and local marijuana convictions.


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