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MURIEL BOWSER
MAYOR
January 10, 2025
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and enactment by the Council of the District of Columbia is the "Clemency
Board Waiver Authority Amendment Act of 2025," the "Clemency Board Waiver Authority Emergency
Amendment Act of 2024", along with an accompanying emergency declaration resolution, and the
"Clemency Board Waiver Authority Temporary Amendment Act of 2025."
In 2018, the Council passed the Clemency Board Establishment Act, which formed the Board and the
process for applicants to seek a letter of recommendation to support their application for clemency to the
President. The Act was deliberately structured by the Council to mirror the eligibility requirements and
process used by the Department of Justice, Office of the Pardon Attorney. In particular, D.C. Official Code
§ 24-481.05 (c)(l) requires that a pardon applicant wait five years after the date of their release from
confinement or, in cases where no prison sentence was imposed, five years after the date of conviction.
This mirrors the DOJ's requirement for a five-year waiting period for pardon applicants.
Recently, Board staff learned that the DOJ is authorized to grant waivers of this five-year waiting period,
pursuant to§ 9-140.112 of the Department of Justice Manual. The Act as passed by Council in 2018,
however, did not provide the Board with a similar authority to grant a waiver of this requirement. To avoid
the Board deeming applications ineligible that have received a waiver of the five-year waiting period from
the DOJ, this legislation would amend the Act to provide the Board with this authority.
I urge the Council to take prompt and favorable action on the enclosed legislation.
Enclosures
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A BILL
airman Phil Mendelson
at the request of the Mayor
11 IN THE DISTRICT OF COLUMBIA
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16 To amend section 205 of the Clemency Board Establishment Act of 2018 to authorize the
1 7 Clemency Board of the District of Columbia to, for applicants seeking a pardon, grant a
18 waiver of the five-year waiting period.
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20 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
21 act may be cited as the "Clemency Board Waiver Authority Amendment Act of 2025".
22 Sec. 2. Section 205 of the Clemency Board Establishment Act of 2018, effective
23 December 13, 2018 (D.C. Law 22-197; D.C. Official Code§ 24-481.05), is amended by adding a
24 new subsection (f) to read as follows:
25 "(f) The Board may, upon written request of the applicant, grant a waiver of the
26 requirements of subsection ( c )(1) of this section; provided, that:
27 "(1) The Board shall only grant a waiver under this subsection where the Board is
28 in receipt of notice from the Office of the Pardon Attorney that the Pardon Attorney or the
29 President of the United States has provided the applicant with a waiver of the five-year
30 requirement pursuant to§ 9-140.112 of the Department of Justice Manual;
31 "(2) The Board may decline to grant a waiver under this subsection even when the
32 Board is in receipt of the notice described in paragraph (1) of this subsection;
“(3) The Board shall not grant a waiver under this subsection when the applicant 33
is on probation, parole, or supervised release; 34
“(4) The Board may request additional information from the applicant to support 35
their request for a waiver of subsection (c)(1) of this section, which may include a request to 36
meet with the applicant to discuss their waiver request; 37
“(5) The Board shall provide the applicant with written notice of the Board’s 38
decision to grant or deny a waiver request pursuant to this subsection; and 39
“(6) Prior to the Board making a determination whether to grant a request for a 40
waiver pursuant to this subsection, the applicant’s application shall be deferred until a 41
determination is made.” 42
Sec. 3. Fiscal impact statement. 43
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 44
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 45
approved October 16, 2006 (120 Stat. 2038; D.C. Offiacial Code § 1-301.47a). 46
Sec. 4. Effective date. 47
This act shall take effect following approval by the Mayor (or in the event of veto by the 48
Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 49
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 50
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 51
Columbia Register. 52
Government of the District of Columbia
Office of the Chief Financial Officer
Glen Lee
Chief Financial Officer
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
www.cfo.dc.gov
MEMORANDUM
TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
FROM: Glen Lee
Chief Financial Officer
DATE: December 12, 2024
SUBJECT: Fiscal Impact Statement – Clemency Board Waiver Authority
Emergency Amendment Act of 2025
REFERENCE: Draft Emergency Bill as provided to the Office of Revenue Analysis on
December 10, 2024
Conclusion
Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
implement the emergency bill.
Background
The Clemency Board of the District of Columbia (Board) reviews pardon or communication requests
from individuals convicted of committing DC Code offenses. Because the District is not a state, the
Board cannot grant clemency, but it can recommend clemency to the President of the United States
and the Department of Justice Pardon Attorney.
Current law requires individuals to wait five years after the date of th eir release from confinement
or, in case no prison sentence was imposed, five years after the date of the conviction before they can
apply to seek a pardon. The emergency bill allows1 the Board, upon written request of the applicant,
to grant a waiver of the five-year waiting period if the Board is in receipt of notice from the Office of
the Pardon Attorney that the Pardon Attorney or the President of the United States has provided the
applicant with a waiver of the five-year requirement. The Board may decline to grant a waiver under
this subsection even when the Board is in receipt of a notice from the Office of the Pardon Attorney.
The Board is prohibited from granting a waiver when an applicant is on probation, parole, or
1 By amending Section 205 of the Clemency Board Establishment Act of 2018, effective December 13, 2018
(D.C. Law 22-197; D.C. Official Code § 24-481.05).
The Honorable Phil Mendelson
FIS: “Clemency Board Waiver Authority Emergency Amendment Act of 2025 ,” Draft Emergency Bill as
provided to the Office of Revenue Analysis on December 10, 2024
Page 2 of 2
supervised release. The Board may request additional information from the applicant to support
their request for a waiver. The Board must provide the applicant with written notice of the Board’s
decision to grant or deny a waiver request.
Financial Plan Impact
Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
implement the emergency bill. The Board can review and grant waiver requests with existing staff.
The Mayor’s Office of General Counsel provides administrative staff support to the Board. No
additional resources are required to implement the bill.
1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5524 Email: benjamin.moskowitz1@dc.gov
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General
Legal Counsel Division
MEMORANDUM
TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs
FROM: Benjamin E. Moskowitz
Acting Deputy Attorney General
Legal Counsel Division
DATE: November 19, 2024
RE: Legal Sufficiency Review of Draft Legislation, the “Clemency Board Waiver
Authority Emergency Amendment Act of 2024” and Emergency Resolution
(AE-24-542)
This is to Certify that this Office has reviewed the above-referenced draft
legislation and found it to be legally sufficient. If you have any questions, please do not hesitate to
call me at 724-5565.
_________________________________
Benjamin E. Moskowitz