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B26-0036 • 2025

Clemency Board Waiver Authority Emergency Amendment Act of 2025

Clemency Board Waiver Authority Emergency Amendment Act of 2025

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
at the request of the Mayor
Last action
2025-03-28
Official status
Enacted
Effective date
Not listed

Plain English Breakdown

The exact effective date is not listed in the provided text, only that it takes effect after Mayor approval and lasts up to 90 days. The June 18, 2025 expiration mentioned in metadata may be calculated from an unstated start date.

Clemency Board Waiver Authority Emergency Amendment Act of 2025

This law allows the District's Clemency Board to skip the usual five-year waiting period for pardon applicants only if they receive written notice that a federal official has already granted such a waiver.

What This Bill Does

  • Allows the Clemency Board to grant waivers of the five-year waiting requirement for people seeking pardons upon their written request.
  • Requires the Board to have received written notice from the Office of the Pardon Attorney stating that the Pardon Attorney or President has waived the federal five-year rule before granting a waiver.
  • Gives the Clemency Board the option to deny a waiver even if they receive the required federal notice.
  • Prohibits the Board from granting waivers to applicants who are currently on probation, parole, or supervised release.
  • Allows the Board to ask for more information or meet with an applicant to discuss their request before making a decision.
  • Requires the Board to send written notice to the applicant about whether they granted or denied the waiver.

Who It Names or Affects

  • People in Washington, D.C., who are applying for a pardon from the Clemency Board.
  • The District of Columbia Clemency Board members and staff.
  • The Office of the Pardon Attorney within the U.S. Department of Justice.

Terms To Know

Clemency Board
A group in Washington, D.C., that reviews requests for pardons and other relief from criminal penalties.
Pardon Attorney
An official within the U.S. Department of Justice who handles federal pardon applications.
Waiver
Official permission to ignore a specific rule or requirement, such as waiting five years before applying for a pardon.

Limits and Unknowns

  • This law is an emergency act and will remain in effect for no longer than 90 days after it takes effect.
  • The Board cannot grant waivers to anyone currently under supervision like probation, parole, or supervised release.
  • An applicant's pardon application must be paused until the Board decides whether to grant a waiver.

Bill History

  1. 2025-03-28 Council of the District of Columbia LIMS

    Act A26-0027 Published in DC Register Vol 72 and Page 003320, Expires on Jun 18, 2025

  2. 2025-03-20 Council of the District of Columbia LIMS

    Signed by the Mayor and Enacted with Act Number A26-0027, Expires on Jun 18, 2025

  3. 2025-03-20 Council of the District of Columbia LIMS

    Returned from Mayor

  4. 2025-03-11 Council of the District of Columbia LIMS

    Transmitted to Mayor, Response Due on Mar 25, 2025

  5. 2025-03-04 Council of the District of Columbia LIMS

    Legislative Meeting

  6. 2025-01-21 Council of the District of Columbia LIMS

    Retained by the Council with comments from the Committee on Judiciary and Public Safety

  7. 2025-01-10 Council of the District of Columbia LIMS

    B26-0036 Introduced by Chairman Mendelson at Office of the Secretary

Official Summary Text

Clemency Board Waiver Authority Emergency Amendment Act of 2025

Current Bill Text

Read the full stored bill text
ENROLLED ORIGINAL
AN ACT

ACT 26-27
INTHE COUNCIL OF THE DISTRICTOF COLUMBIA
MARCH 20, 2025
‘Toamend,onanemergencybasis,section205oftheClemencyBoardEstablishmentActof2018toauthorizetheClemencyBoardto,forapplicantsseekingapardon,grantawaiverofthe5-yearwaitingperiod.
BEITENACTEDBYTHECOUNCILOFTHEDISTRICTOFCOLUMBIA,Thatthisactmaybecitedasthe“ClemencyBoardWaiverAuthorityEmergencyAmendmentActof2025”.
Sec.2.Section205oftheClemencyBoardEstablishmentActof2018,effectiveDecember 13,2018 (D.C. Law 22-197; D.C. OfficialCode § 24-481.05),isamended by adding a
newsubsection(f)toreadasfollows:“(f)TheBoardmay,uponwrittenrequestoftheapplicant,grantawaiveroftherequirementsofsubsection(¢)(1)ofthissection;provided,that:(1)TheBoardshallonlygrantawaiverunderthissubsectionwheretheBoardis,inreceiptofnoticefromtheOfficeofthePardonAttorneythatthePardonAttomeyorthePresidentoftheUnitedStateshasprovidedtheapplicantwithawaiverofthe5-yearrequirementpursuantto§9-140.112oftheDepartmentofJusticeManual;“(2)TheBoardmaydeclinetograntawaiverunderthissubsectionevenwhenthe
Boardisinreceiptofthenoticedescribedinparagraph(1)ofthissubsection;(3)TheBoardshallnotgrantawaiverunderthissubsectionwhentheapplicantisonprobation,parole,orsupervisedrelease;“(4)TheBoardmayrequestadditionalinformationfromtheapplicanttosupporttheirrequestforawaiverofsubsection(c)(|)ofthissection,whichmayincludearequesttomeetwiththeapplicanttodiscusstheirwaiverrequest;“(5)TheBoardshallprovidetheapplicantwithwrittennoticeoftheBoard’sdecisiontograntordenyawaiverrequestpursuanttothissubsection;and“ PriortotheBoardmakingadeterminationwhethertograntarequestforawaiverpursuanttothissubsection,theapplicant’sapplicationshallbedeferreduntiladeterminationismade.”.
ENROLLED ORIGINAL
See.3.Fiscalimpactstatement.‘TheCounciladoptsthefiscalimpactstatementoftheChiefFinancialOfficerasthefiscalimpactstatementrequiredbysection4aoftheGeneralLegislativeProceduresActof1975,approvedOctober16,2006(120Stat.2038;D.C.OffiacialCode§1-301.47a).
Sec,4. Effectivedate.
ThisactshalltakeeffectfollowingapprovalbytheMayor(orintheeventofvetobytheMayor,actionbytheCounciltooverridetheveto),andshallremainineffectfornolongerthan90days,asprovidedforemergencyactsoftheCounciloftheDistrictofColumbiainsection412(a)oftheDistrictofColumbiaHomeRuleAct,approvedDecember24,1973(87Stat.788;D.C,OfficialCode§1-204.12(a)).
‘hairman
Councilof theDistrictofColumbia
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Mayor
Districtof Columbia
APPROVEDMARCH 20, 2025

COUNCILOF THEDISTRICTOF COLUMBIA
WASHINGTON,DC,20004

DocketNo.826-0036

[JITEMONCONSENTCALENDAR,
DaAcTION FinalReading
[<1VOTEDATE ‘March4,2025
DaVoIcEvoTE ‘Approved
RECORDEDVOTEONREQUEST
ABSENT
[JROLLCALLVOTE-Resut
CouncitMember__|Aye[Nay|NV[AB[Rec|CouncitMember[Aye|Nay|NV[AB|[Rec|CouncitMember[Aye[Nay|NV[AB
ChairmanMendelson]x Henderson x Pinto
Allen x LewisGeorge_| x R.White
Bonds x McDutie x
Felder x Nadeau x
Frumin x Parker x
X-IndicateVote ‘AB~Absent NV--Present,NotVoting Rec-Recused a CERTIFICATIONRECORD
Secretarytothe Council