| 1 | 1 | | 1 |
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| 2 | 2 | | ________________________ 2 |
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| 3 | 3 | | Councilmember Brooke Pinto 3 |
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| 4 | 4 | | 4 |
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| 5 | 5 | | 5 |
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| 6 | 6 | | A BILL 6 |
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| 7 | 7 | | 7 |
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| 8 | 8 | | _________________________ 8 |
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| 9 | 9 | | 9 |
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| 10 | 10 | | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10 |
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| 11 | 11 | | 11 |
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| 12 | 12 | | _________________________ 12 |
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| 13 | 13 | | 13 |
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| 14 | 14 | | 14 |
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| 15 | 15 | | To amend, on a temporary basis, the Clemency Board Establishment Act of 2018 to authorize the 15 |
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| 16 | 16 | | Clemency Board to, for applicants seeking a pardon, grant a waiver of the 5-year waiting 16 |
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| 17 | 17 | | period in certain circumstances, and to amend the Second Chance Amendment Act of 17 |
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| 18 | 18 | | 2022 to update the applicability date to October 1, 2027. 18 |
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| 19 | 19 | | 19 |
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| 20 | 20 | | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20 |
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| 21 | 21 | | act may be cited as the “Safety Cluster Resource Alignment and Clarification Temporary 21 |
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| 22 | 22 | | Amendment Act of 2025”. 22 |
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| 23 | 23 | | Sec. 2. Section 205 of the Clemency Board Establishment Act of 2018, effective 23 |
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| 24 | 24 | | December 13, 2018 (D.C. Law 22-197; D.C. Official Code § 24-481.05), is amended by adding a 24 |
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| 25 | 25 | | new subsection (f) to read as follows: 25 |
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| 26 | 26 | | “(f) The Board may, upon written request of the applicant, grant a waiver of the 26 |
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| 27 | 27 | | requirements of subsection (c)(1) of this section; provided, that: 27 |
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| 28 | 28 | | “(1) The Board shall only grant a waiver under this subsection where the Board is 28 |
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| 29 | 29 | | in receipt of notice from the Office of the Pardon Attorney that the Pardon Attorney or the 29 |
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| 30 | 30 | | President of the United States has provided the applicant with a waiver of the 5-year requirement 30 |
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| 31 | 31 | | pursuant to § 9-140.112 of the Department of Justice’s Justice Manual; 31 2 |
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| 32 | 32 | | |
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| 33 | 33 | | “(2) The Board may decline to grant a waiver under this subsection even when the 32 |
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| 34 | 34 | | Board is in receipt of the notice described in paragraph (1) of this subsection; 33 |
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| 35 | 35 | | “(3) The Board shall not grant a waiver under this subsection when the applicant 34 |
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| 36 | 36 | | is on probation, parole, or supervised release; 35 |
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| 37 | 37 | | “(4) The Board may request additional information from the applicant to support 36 |
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| 38 | 38 | | their request for a waiver of subsection (c)(1) of this section, which may include a request to 37 |
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| 39 | 39 | | meet with the applicant to discuss their waiver request; 38 |
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| 40 | 40 | | “(5) The Board shall provide the applicant with written notice of the Board’s 39 |
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| 41 | 41 | | decision to grant or deny a waiver request pursuant to this subsection; and 40 |
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| 42 | 42 | | “(6) Prior to the Board making a determination whether to grant a request for a 41 |
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| 43 | 43 | | waiver pursuant to this subsection, the applicant’s application for a clemency recommendation 42 |
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| 44 | 44 | | shall be deferred until a determination is made.”. 43 |
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| 45 | 45 | | Sec. 3. Section 301 of the Second Chance Amendment Act of 2022, effective March 10, 44 |
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| 46 | 46 | | 2023 (D.C. Law 24-284; 70 DCR 913), is amended by striking the phrase “March 1, 2025” and 45 |
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| 47 | 47 | | inserting the phrase “October 1, 2027” in its place. 46 |
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| 48 | 48 | | Sec. 4. Fiscal impact statement. 47 |
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| 49 | 49 | | The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 48 |
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| 50 | 50 | | statement required by section 4a of the General Legislative Procedures Act of 1975, approved 49 |
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| 51 | 51 | | October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 50 |
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| 52 | 52 | | Sec. 5. Effective date. 51 |
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| 53 | 53 | | (a) This act shall take effect following approval by the Mayor (or in the event of veto by 52 |
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| 54 | 54 | | the Mayor, action by the Council to override the veto), a 30-day period of congressional review 53 |
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| 55 | 55 | | as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 54 3 |
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| 56 | 56 | | |
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| 57 | 57 | | 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 55 |
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| 58 | 58 | | Columbia Register. 56 |
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| 59 | 59 | | (b) This act shall expire after 225 days of its having taken effect. 57 |
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