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11/19/2019 12:41 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20190&cosponId=30259
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Senate of Pennsylvania
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: September 10, 2019 10:39 AM
From: Senator Camera Bartolotta and Sen. Lawrence M. Farnese, Jr.
To: All Senate members
Subject: Votes by the Board of Pardons
 
We will soon introduce legislation to amend the Pennsylvania Constitution regarding votes by the Board of Pardons. Historically, the Board of Pardons could recommend a pardon or a commutation of sentence by a majority vote of its members. During the Special Session on Crime in 1995, however, the General Assembly approved legislation to require a unanimous vote to recommend a pardon or commutation for an offender serving a life sentence.

The floor debate in both chambers reflected the emotions of anger and fear that prevailed at the time. After the Board of Pardons recommended the release of one particular offender, that offender committed outrageous offenses, and a “tough on crime” response followed. Members of both parties expressed concerns, however, about requiring a unanimous vote in cases involving offenders serving life sentences. With elected officials from two statewide offices on the Board, legislators expected that outside political concerns would influence Board decisions. Members in both chambers observed that elderly and infirm inmates are costly to incarcerate and present no risk to public safety, but the requirement of a unanimous vote would preclude those inmates from receiving a commutation. Other legislators highlighted the number of inmates serving life sentences in cases of “felony murder,” where the incarcerated person neither killed anyone nor intended to kill anyone. Those inmates would have no chance for a commutation.

Twenty-four years later, we know that the concerns expressed during that legislative debate in 1995 have come true. We saw the explosion in the state prison population, requiring the construction of numerous prisons. We saw the backlog of applications filed in the Board of Pardons grow until it was common for an applicant to wait over three years for a decision. While the Board interviewed applicants leaning on canes and struggling to walk, research repeatedly showed that offenders “age out” of the violent tendencies of their youth.

Our legislation will replace the unanimous vote requirement with a requirement that four-fifths of the Board of Pardons vote in favor of a commutation or pardon for offenders serving a sentence of life imprisonment or death. This idea was suggested in both chambers in 1995 and was expressly endorsed by both the Majority Leader and the Minority Leader in the Senate.

The unanimous vote requirement has been an expensive investment leading to very little return for public safety. Please join us in cosponsoring this common-sense change to allow aging prisoners to be considered for a commutation and be released under supervision.



Introduced as SB884