District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill PR26-0033 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	ENROLLED ORIGINAL
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	37	+	&/-/CK?OR D+H.R JK+3R ?/+I/.R K;+KR K;/R $!R =JR +LK;DH=P/.R KDR :H+CKR N+=M/HJR D0R K;=JR 6M/O/+HR N+=K=C:R F/H=D.
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	43	+	K;/R $!R K;=JR ?/:=J?+K=DCR NDL?.R +A/C.R K;/R -KR KDR FHDM=./R K;/R D+H.R N=K;R K;=JR +LK;DH=KO
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	79	+	33
	80	+	34
	81	+	~
	82	+	Chairman Phil Mendelson
	83	+	at the request
	84	+	of the Mayor
	85	+	A PROPOSED RESOLUTION
	86	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
	87	+	To declare the existence
	88	+	of an emergency with respect to the need to amend section 205
	89	+	of the Clemency Board Establishment Act of2018 to authorize the Clemency
	90	+	Board
	91	+	of the District of Columbia to, for applicants seeking a pardon, grant a
	92	+	waiver
	93	+	of the five-year waiting period.
	94	+	RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That
	95	+	this resolution may be cited as the "Clemency Board Waiver Authority Emergency
	96	+	Declaration Resolution
	97	+	of 2025".
	98	+	Sec.
	99	+	2. (a) The Clemency Board of the District of Columbia (the "Board") was
	100	+	established in 2018 to determine whether, upon application, to recommend that the
	101	+	President
	102	+	of the United States grant clemency to applicants convicted of D.C. Code
	103	+	offenses.
	104	+	(b) The Clemency Board Establishment Act
	105	+	of 2018 (the "Act"), the legislation
	106	+	that established both the Board and the process by which applicants may seek a letter
	107	+	of
	108	+	recommendation from the Board, was deliberately structured by the Council to mirror the
	109	+	eligibility requirements and generally the process used by the Department
	110	+	of Justice,
	111	+	Office
	112	+	of the Pardon Attorney ("DOJ-OPA") for accepting and reviewing applications for
	113	+	clemency. Having the language
	114	+	of the Act mirror the federal process helps the Board
	115	+	1 2
	116	+	avoid inadvertently deeming an application ineligible that is in fact eligible under DOJ-35
	117	+	OPA’s rules. 36
	118	+	(c) Currently, under D.C. Official Code § 24-481.05(c)(1), to be eligible for a 37
	119	+	letter of recommendation from the Board, an applicant must wait five years after the date 38
	120	+	of their release from confinement or, in cases where no prison sentence was imposed, five 39
	121	+	years after the date of the conviction. This statutory language mirrors DOJ-OPA’s 40
	122	+	eligibility criteria, which also sets a five -year waiting period for pardon applicants. 41
	123	+	(d) Board staff has recently learned, however, that the DOJ -OPA is authorized to 42
	124	+	grant waiver s of this five-year waiting period, pursuant to § 9-140.112 of the Department 43
	125	+	of Justice Manual. The Act as passed by Council in 2018, however, did not provide the 44
	126	+	Board with similar authority to grant a waiver of this requirement. 45
	127	+	(e) The Board recently received applications from ap plicants who have received a 46
	128	+	waiver of the five-year waiting period from DOJ-OPA; however, absent legislation 47
	129	+	amending the Act, the Board lacks the authority to grant its own waiver and these and 48
	130	+	other applications will be deemed ineligible for a letter of recommendation, despite being 49
	131	+	actively considered by the DOJ- OPA and the President. 50
	132	+	(f) Thus, this emergency legislation would amend the Act to authorize the Board 51
	133	+	to consider an applicant’s request for a waiver of the five -year waiting period where the 52
	134	+	DOJ-OPA has already granted a similar waiver. Absent these changes, several 53
	135	+	applications before the Board that could be considered by the President in the coming 54
	136	+	months will be ineligible for a letter of recommendation from the Board, potentially 55
	137	+	negatively impacting those applicants’ applications for clemency. 56 3
	138	+	Sec. 3. The Council determines that the circumstances enumerated in section 2 57
	139	+	constitute emergency circumstances making it necessary that the Clemency Board 58
	140	+	Waiver Authority Emergency Amendment Act of 2025 be adopted after a single reading. 59
	141	+	Sec. 4. This resolution shall take effect immediately. 60 1
	142	+	1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724- 5524 Email: benjamin .moskowitz1@dc.gov
	143	+
	144	+	GOVERNMENT OF THE DISTRICT OF COLUMBIA
	145	+	O
	146	+	FFICE OF THE ATTORNEY GENERAL
	147	+
	148	+
	149	+	BRIAN L. SCHWALB PRIVILEGED AND CONFIDENTIAL ATTORNEY GENERAL ATTORNEY-CLIENT COMMUNICATION
	150	+
	151	+
	152	+
	153	+	LEGAL COUNSEL DIVISION
	154	+
	155	+
	156	+	MEMORANDUM
	157	+
	158	+
	159	+	TO: Kimberly G. Ulan
	160	+	Associate General Counsel
	161	+	Executive Office of the Mayor
	162	+
	163	+
	164	+	FROM: Benjamin E. Moskowitz
	165	+	Acting Deputy Attorney General
	166	+	Legal Counsel Division
	167	+
	168	+	DATE: November 19, 2024
	169	+
	170	+	SUBJECT: Legal Sufficiency Review of Draft Legislation , the “Clemency Board Waiver
	171	+	Authority Emergency Amendment Act of 2024” and Emergency Resolution
	172	+
	173	+	(AE-24-542)
	174	+	_____________________________________________________________________________________
	175	+
	176	+	This memorandum responds to your request that the Office of the Attorney General conduct a legal
	177	+	sufficiency review of the above-referenced draft legislation. The bill amends, on an emergency basis,
	178	+	section 205 of the Clemency Board Establishment Act of 2018
	179	+	1
	180	+	to add a new section adding waiver of the
	181	+	criteria for application for a clemency recommendation where the Pardon Attorney or President of the
	182	+	United States has waived the five-year requirement under § 9-140.112 of the Department of Justice
	183	+	Manual. The Clemency Board (“Board”) may in its discretion grant or decline a waiver in such
	184	+	circumstances, cannot grant a waiver when the applicant is on probation, parole, or supervised release,
	185	+	and may require additional information. The Board shall provide the applicant with written notice of its
	186	+	decision, and the application shall be deferred prior to the Board’s determination. The emergency is
	187	+	necessary to address pending applications.
	188	+
	189	+	This Office has reviewed the legislation and finds it legally sufficient, with the suggested technical
	190	+	revisions that you have accepted. If you have any questions regarding this memorandum, please contact
	191	+	Matt James, Assistant Attorney General, Legal Counsel Division, at (202) 724-5558, or me at (202) 724-
	192	+	5565.
	193	+
	194	+	BEM/mdj
2	195
3	196
4	197
5	198		1
	199	+	Effective December 13, 2018 (D.C. Law 22-197; D.C. Official Code § 24-481.05). 1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724- 5524 Email: b enjamin.moskowitz1@dc.gov
6	200
7		-	A RESOLUTION
8	201
9		-	26-57
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	March 4, 2025
14		-	To declare the existence of an emergency with respect to the need to amend section 205 of the
15		-	Clemency Board Establishment Act of 2018 to authorize the Clemency Board to, for applicants seeking a pardon, grant a waiver of the 5-year waiting period.
16		-
17		-	RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
18		-	resolution may be cited as the “Clemency Board Waiver Authority Emergency Declaration
19		-	Resolution of 2025”.
20		-	Sec. 2. (a) The Clemency Board (“Board”) was established in 2018 to determine whether,
21		-	upon application, to recommend that the President of the United States grant clemency to applicants convicted of D.C. Code offenses.
22		-	(b) The Clemency Board Establishment Act of 2018, effective December 13, 2018 (D.C.
23		-	Law 22-197; D.C. Official Code § 24- 481.01 et seq. ) (the “Act”), which established both the
24		-	Board and the process by which applicants may seek a letter of recommendation from the Board, was deliberately structured by the Council to mirror the eligibility requirements and generally the process used by the Department of Justice, Office of the Pardon Attorney (“DOJ-OPA”) for
25		-	accepting and reviewing applications for clemency. Having the language of the Act mirror the federal process helps the Board avoid inadvertently deem ing an application ineligible that is in
26		-	fact eligible under DOJ-OPA’s rules.
27		-	(c) Currently, under section 205(c)(1) of the Act (D.C. Official Code § 24- 481.05), to be
28		-	eligible for a letter of recommendation from the Board, an applicant must wait 5 years after the date of their release from confinement or, in cases where no prison sentence was imposed, 5 years after the date of the conviction. This statutory language mirrors DOJ-OPA’s eligibility
29		-	criteria, which also sets a 5- year waiting period for pardon applicants .
30		-	(d) Board staff have recently learned , however, that the DOJ -OPA is authorized to grant
31		-	waivers of this 5- year waiting period, pursuant to § 9- 140.112 of the Department of Justice
32		-	Manual. The Act, as passed by Council in 2018, however, did not provide the Board with similar
33		-	authority to grant a waiver of this requirement.
34		-	(e) The Board recently received applications from applicants who have received a waiver
35		-	of the 5- year waiting period from DOJ-OPA; however, absent legislation amending the Act, the
36		-	Board lacks the authority to grant its own waiver and these and other applications will be deemed ENROLLED ORIGINAL
	202	+	GOVERNMENT OF THE DISTRICT OF COLUMBIA
	203	+	Office of the Attorney General
37	204
38	205
39	206
40		-	2
41	207
42		-	ineligible for a letter of recommendation, despite being actively considered by the DOJ-OPA and
43		-	the President.
44		-	(f) Thus, this emergency legislation would amend the Act to authorize the Board to
45		-	consider an applicant’s request for a waiver of the 5- year waiting period where the DOJ-OPA
46		-	has already granted a similar waiver. Absent these changes, several applications before the Board
47		-	that could be considered by the President in the coming months will be ineligible for a letter of
48		-	recommendation from the Board, potentially negatively impacting those applicants’ applications
49		-	for clemency.
50	208
51		-	Sec. 3. The Council of the District of Columbia determines that the circumstances
52		-	enumerated in section 2 constitute emergency circumstances making it necessary that the
53		-	Clemency Board Waiver Authority Emergency Amendment Act of 2025 be adopted after a
54		-	single reading.
	209	+	Legal Counsel Division
55	210
56		-	Sec. 4. This resolution shall take effect immediately.
	211	+
	212	+	MEMORANDUM TO: Tomás Talamante
	213	+	Director
	214	+	Office of Policy and Legislative Affairs FROM: Benjamin E. Moskowitz
	215	+	Acting Deputy Attorney General
	216	+	Legal Counsel Division
	217	+	DATE: November 19, 2024
	218	+	RE: Legal Sufficiency Review of Draft Legislation, the “Clemency Board Waiver
	219	+	Authority Emergency Amendment Act of 2024” and Emergency Resolution
	220	+	(AE-24-542)
	221	+
	222	+	This is to Certify that this Office has reviewed the above- referenced draft
	223	+	legislation and found it to be legally sufficient . If you have any questions, please do not hesitate to
	224	+	call me at 724-5565. _________________________________ Benjamin E. Moskowitz
	225	+	Government of the District of Columbia
	226	+	Office of the Chief Financial Officer
	227	+
	228	+	Glen Lee
	229	+	Chief Financial Officer
	230	+
	231	+
	232	+
	233	+
	234	+
	235	+	1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
	236	+	www.cfo.dc.gov
	237	+	MEMORANDUM
	238	+
	239	+	TO: The Honorable Phil Mendelson
	240	+	Chairman, Council of the District of Columbia
	241	+
	242	+	FROM: Glen Lee
	243	+	Chief Financial Officer
	244	+
	245	+	DATE: December 12, 2024
	246	+
	247	+	SUBJECT: Fiscal Impact Statement – Clemency Board Waiver Authority
	248	+	Emergency Amendment Act of 2025
	249	+
	250	+	REFERENCE: Draft Emergency Bill as provided to the Office of Revenue Analysis on
	251	+	December 10, 2024
	252	+
	253	+
	254	+	Conclusion
	255	+
	256	+	Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
	257	+	implement the emergency bill.
	258	+
	259	+	Background
	260	+
	261	+	The Clemency Board of the District of Columbia (Board) reviews pardon or communication requests
	262	+	from individuals convicted of committing DC Code offenses. Because the District is not a state, the
	263	+	Board cannot grant clemency, but it can recommend clemency to the President of the United States
	264	+	and the Department of Justice Pardon Attorney.
	265	+
	266	+	Current law requires individuals to wait five years after the date of their release from confinement
	267	+	or, in case no prison sentence was imposed, five years after the date of the conviction before they can
	268	+	apply to seek a pardon. The emergency bill allows
	269	+	1 the Board, upon written request of the applicant,
	270	+	to grant a waiver of the five-year waiting period if the Board is in receipt of notice from the Office of
	271	+	the Pardon Attorney that the Pardon Attorney or the President of the United States has provided the
	272	+	applicant with a waiver of the five-year requirement. The Board may decline to grant a waiver under
	273	+	this subsection even when the Board is in receipt of a notice from the Office of the Pardon Attorney.
	274	+	The Board is prohibited from granting a waiver when an applicant is on probation, parole, or
	275	+
	276	+	1
	277	+	By amending Section 205 of the Clemency Board Establishment Act of 2018, effective December 13, 2018
	278	+	(D.C. Law 22-197; D.C. Official Code § 24-481.05). The Honorable Phil Mendelson
	279	+	FIS: “Clemency Board Waiver Authority Emergency Amendment Act of 2025,” Draft Emergency Bill as
	280	+	provided to the Office of Revenue Analysis on December 10, 2024
	281	+	Page 2 of 2
	282	+
	283	+	supervised release. The Board may request additional information from the applicant to support
	284	+	their request for a waiver. The Board must provide the applicant with written notice of the Board’s
	285	+	decision to grant or deny a waiver request.
	286	+
	287	+	Financial Plan Impact
	288	+
	289	+	Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
	290	+	implement the emergency bill. The Board can review and grant waiver requests with existing staff.
	291	+	The Mayor’s Office of General Counsel provides administrative staff support to the Board. No
	292	+	additional resources are required to implement the bill.