Executive clemency is a power vested in the Governor by the New York State Constitution to provide relief to those convicted of a criminal offense. It can take the form of commutations and pardons.
Those who are:
In general, a commutation is a sentence reduction for people still serving a sentence imposed by the New York State Criminal Courts.
A commutation reduces the term an incarcerated individual must serve for a criminal conviction.
OR
A commutation does not prevent deportation.
Pardons can alleviate some or all repercussions of a criminal conviction, like housing and job challenges, licenses, and immigration issues for non-U.S. citizens, but they don't erase a New York State criminal record.
Anyone who has been convicted of a crime under New York State law can apply for a pardon.
In NYS a pardon does NOT expunge a criminal conviction from a criminal record.
Pardons may be considered if no other adequate administrative or legal remedy is available:
Pardons are typically only considered for applicants who have successfully completed all court-imposed requirements connected to their conviction and sentence, including community supervision, probation, and/or payment of fines and other costs.
Except for extraordinary circumstances, a commutation of sentence will typically be considered only if an applicant meets the following:
If you cannot find an answer to your question you can use the Contact Us section to send us a message and we will get back to you.
The act of submitting an application is cost-free. Nevertheless, applicants should be aware that fees might be applicable for record requests from official agencies, such as the Department of Corrections and Community Supervision (DOCCS) or the courts. Additionally, it is important to consider the costs of postage stamps for correspondence and, if opting for postal submission of a clemency application, potential shipping charges that may apply.
Yes. Often it will be the holding facility Superintendent where the incarcerated individual is located who will review the applicant's petition and make a recommendation.
No. At this time the only official information available for those incarcerated is a one-page guide found in the Jail House Lawyer's Manual, and a couple of memorandums distributed by the Department of Corrections and Community Supervision.
We have been offering the following suggestions until a comprehensive executive clemency guide is made available.
1. The Department of Corrections and Community Supervision offers a parole preparation course through the Transitional Services Center, designed for those soon to appear before the parole board. While a clemency applicant might not have a parole board appearance scheduled, they can contact Transitional Services to request handouts, guides, and information on compiling a parole packet.
2. Many facility Law Libraries provide a parole board preparation booklet. These booklets are created by various organizations and typically contain similar information. Incarcerated individuals can request access to the law library to review the booklet or, in some cases, make a copy. If they cannot visit the law library, they can submit a written request along with a Disbursement form to obtain a copy.
It's important to note that while this information primarily focuses on preparing a packet for the parole board, an executive clemency application closely resembles a parole packet. Both require elements such as a personal statement, support letters, program participation summaries, certificates, and reentry plans, among others.
RAPP New York State Executive ClemencY Assistance
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