Pa. Pardons hearings canceled while Capitol closed

The backlogged Pennsylvania Board of Pardons is calling off what would probably have been dozens of clemency hearings that were set for June as the state Capitol in Harrisburg remains indefinitely closed as a precaution against the COVID-19 pandemic.
Lt. Gov. John Fetterman, who serves as chairman of the five-member board, said the board will hold proceedings known as merit reviews remotely on May 7. During those hearings, there are 28 requests for commutations of sentences and 160 applications for pardons that were set to come before the board.
The public hearings for applications that the board decided to grant further consideration, however, will not take place as scheduled. They will be rescheduled within 30 days of the Capitol’s reopening, depending on travel restrictions still in place and other factors.
Part of the reason for the decision is the uncertainty around applicants’ travel plans. Some of Pennsylvania could still be closed in June, and inmates are currently not being transported within the state system. People who are seeking a commutation of their state prison sentence can’t be interviewed in person while the Department of Corrections isn’t allowing visitation as a measure against new infections.
“Not only are we legally fettered by attendance requirements for some applicants, it would be grossly unfair to inmates who have applied for commutation to deny them their in-person prison visits and interviews,” Fetterman said.
For people convicted of crimes of violence, three members of the board at minimum must vote to allow an application to proceed to a public hearing. For non-violent crimes, at least two members must vote in favor of considering the cases at a public hearing.
In cases where someone is seeking to change their sentence of life without parole, all five members of the board must vote in favor of recommending clemency for the case to proceed to the governor for final consideration. Other cases require a majority.
The state granted temporary reprieves to 1,500 to 1,800 prisoners who’d nearly completed their sentences earlier this month to reduce crowding that could make transmission of the coronavirus more likely. People serving life sentences were not among those eligible for the temporary release.
Fetterman said the goal of the pardon process was different from the purpose of the temporary reprieve program.
“It’s much more in line with the goals of both myself and the governor,” he said. “(It) is to make sure that as many people that deserve a second chance are given one, and it’s just been made exponentially more difficult during the time of the pandemic.”