New York advocates want to improve the state’s clemency process.
The Restoration of Rights Project considers the state’s clemency process uneven, which some attribute to the hoops and hurdles of the process. Only 13 people were granted clemency in New York this year, a decline from 2024, when 24 people had their applications granted.
Fanta Fofana, director of the Clemency Coalition of New York, said the process is not transparent or accessible.
“People don’t know what’s going on with their applications; they’re not getting any updates,” Fofana observed. “People have made many calls to the governor’s team, asking about their application and when a decision will be made. Many times, they won’t get a good enough answer on timeline, what other materials are needed, or anything like that.”
She added even attorneys representing New Yorkers with clemency applications have a hard time receiving information about their client’s application status. It is not a new issue. A New York University Center for the Administration of Criminal Law report finds the state’s clemency rates peaked in 1979 and have remained low since then. The report attributes the figures to perceptions pardons and clemency do not work, but data show these are tied to fewer people committing crimes once they are released.
Gov. Kathy Hochul said she would tackle the issue of increasing clemency rates, although changes have not come to fruition. Advocates like Fofana are turning to a bill in the state Legislature to reform the clemency process. The Clemency Justice Act would require the governor’s office to update people about their clemency applications yearly. The bill would help those seeking expedited clemency.
“For example, someone who’s facing deportation, they’ve been told by ICE they’re going to get deported in, like, three months; they can indicate that on the application,” Fofana explained. “If the governor’s team does a review of the application and determines there is an urgent need, they would expedite the process. So, a decision would be made in 90 days.”
Another provision requires a website be created with detailed information about not just the clemency process, but also how many applications there are, how many have been granted and how many have been denied. The bill’s support in committee was split along party lines, and has not received a vote by either chamber of the Legislature.
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