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Pennsylvania State Senate
04/25/2024 04:15 PM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20190&cosponId=31932
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Senate of Pennsylvania
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: June 9, 2020 10:19 AM
From: Senator David J. Arnold, Jr.
To: All Senate members
Subject: Constitutional Amendment Regarding Executive Branch Utilization of 'Reprieves'
 
In the near future I will be introducing an amendment to the Pennsylvania Constitution, with regard to the reprieve process.

According to Article IV (The Executive), Section 9 (Pardoning power; Board of Pardons): “In all criminal cases except impeachment the Governor shall have power to remit fines and forfeitures, to grant reprieves, commutation of sentences and pardons; but no pardon shall be granted, nor sentence commuted, except on the recommendation in writing of a majority of the Board of Pardons, and, in the case of a sentence of death or life imprisonment, on the unanimous recommendation in writing of the Board of Pardons, after full hearing in open session, upon due public notice. The recommendation, with the reasons therefor at length, shall be delivered to the Governor and a copy thereof shall be kept on file in the office of the Lieutenant Governor in a docket kept for that purpose.”

This legislation proposes (see capitalization) that: …“but no pardon NOR REPRIEVE shall be granted, nor sentence commuted, except on the recommendation in writing of a majority of the Board of Pardons…”

In viewing several other states and the Constitutions that govern them, many other have a check on Executive authority to issue such a reprieve:
  • Provides for input from the Board of Pardons: Arizona, Arkansas, Connecticut, Georgia, Idaho, Louisiana, Texas
  • Provides for a limit on the timeframe a reprieve can be in place for: Delaware, Florida, Idaho, Nevada, Oklahoma, Utah
It is my intent to provide for a more formal process when granting a reprieve, much like the states above, by ensuring that the Board of Pardons has a say, and that there is a check on Executive Branch utilization of reprieves.

As a former District Attorney, I understand that reprieves may be necessary at times, but, believe these decisions should not be made by one individual, or unilaterally – regardless of party.
I urge you to support this legislation.
 


Introduced as SB1080