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