Delaware Board of Pardons Reforms Support Second Chances

Under Lt. Governor Hall-Long's leadership, efficiencies to the Board of Pardons have significantly reduced wait times, streamlined processes and ultimately help Delawareans achieve stability in all aspects of life

DOVER, Del. - More Delawareans have been recommended for and been granted a pardon or commutation during the past eight years than at any point in the last three decades, supporting returning citizens in their efforts to rebuild their lives.

The collateral consequences of justice-involvement are far-reaching. When a family member is incarcerated, it impacts housing, employment and all family interactions - and coming home is far from easy. Recognizing that, the Delaware Board of Pardons has undergone a series of reforms since Lt. Governor Bethany Hall-Long assumed the leadership role in 2017. Those reforms have led to a significant reduction in wait times for scheduling hearings - with some wait times cut in half - streamlined processes and ultimately more recommendations for pardons and commutations for Delawareans have been granted by the governor.

"The pardon and commutation processes are an integral part of the criminal justice system," said Lt. Governor Hall-Long. "During the past eight years, I've met thousands of residents, along with their families and friends, hoping to not be defined by past actions, looking to remove barriers that prevent them from getting a good job, buying a house, starting a business or gaining custody of their child.

"When I took over as chair of the Board of Pardons, there was a backlog of petitions for pardons and commutations that left some people waiting more than a year just to have their case heard. That wait can be the difference between someone obtaining employment or putting a roof over their head. We set out to reform the system by streamlining processes, passing laws and increasing staffing - all designed to expedite the process and meet the growing demand. I'm proud of the work we've done to help people receive help on this end of the criminal justice system in a more efficient, timely manner. We've not only done the hard work of helping folks on the ground, like connecting them to behavioral health referrals, and also laid the foundation for best practices through collaboration with the REFORM Alliance and legislators."

The Board of Pardons' role is to hear petitions during public meetings for pardons or sentence commutations, deliberate and make recommendations to the governor. The governor cannot grant a pardon or commutation in the absence of a recommendation from the board, though they are not bound to accept the recommendation.

The five-member board is comprised of the lieutenant governor, state auditor, state treasurer, secretary of state, and chancellor of the Court of Chancery.

A pardon fully restores all civil rights to the person pardoned. Such civil rights include, but are not limited to, the right to vote, the right to serve on a jury if selected, and the right to seek and hold public office. A pardon does not remove the historical fact of the conviction from the state's official arrest and conviction records; it simply adds to the record that a pardon has been granted.

A commutation is a reduction of sentence for a person who is currently incarcerated. A commutation does not eliminate the consequences of a conviction but only reduces the time served or changes the terms of release specified in the initial sentence.

"Through Lt. Governor Hall-Long's leadership and the on-going commitment of board members, the reforms to the Board of Pardons have achieved two key goals: they have streamlined our processes and reignited hope for many Delawareans," said State Treasurer Colleen Davis. "By significantly reducing wait times and enhancing efficiency, we reaffirmed our commitment to second chances-empowering individuals to move forward without the weight of past mistakes holding them back."

Under Lt. Governor Hall-Long's leadership, the board has dramatically reduced a backlog of pardon and commutation petitions that existed prior to 2017. As a result, wait times for pardon petitions went from an average of about eight months to about four months, while wait times for scheduling commutation petitions for an administrative review went from around 18 months to also about four months.

The board streamlined procedures for scheduling and preparing commutation petitions to be reviewed by the board based upon the opinions given by Department of Correction, Board of Parole, and Office of the Attorney General. These agencies provide their professional opinion, along with informed input, on the progress of the applicant's rehabilitation.

Regulatory and legislative action has been important. For instance, the board has successfully advocated that the General Assembly pass a law allowing for other suitable professions - such as licensed clinical social worker, psychiatric/mental health nurse practitioner, or a licensed professional counselor of mental health - to conduct mental health evaluations as required for pardon and/or commutation applicants. Previously, a licensed psychiatrist or psychologist had to conduct the evaluations, contributing to the backlog of applications.

By making this change, it increased accessibility for applicants to have an evaluation done, along with lowering any costs involved in having the evaluation completed.

Although many government functions were severely impacted by the COVID pandemic, the Board of Pardons adapted its meetings and continued to process petitions, further reducing the backlog of commutation petitions.

"Participating on the Board of Pardons has granted me a unique and moving insight into the impact of Delaware's criminal justice system on people's lives," said State Auditor Lydia York. "I am grateful for the opportunity to meet so many people and hear their stories, as well as to share my perspective on the Board as a leader in government oversight and accountability."

These reforms have resulted in significant increases in hearings, recommendations and the granting of pardons and commutations during the past eight years. Since 2017, the board has heard far more pardon and commutation requests and recommended more pardons and commutations than the previous eight-year period, from 2009-16.

Despite the board still having three meetings remaining this year, the board under Lt. Governor Hall-Long already has heard more than 3,300 pardon petitions, an increase of 12.6% above the previous eight years. Commutation hearings have increased more than 90%, from 490 during 2009-16, to 935 since 2017. As a result of the increased number of recommendations, the number of pardons granted by the governor has increased by 19.3% during the period of 2017-24 from the previous eight-year period. Commutations have increased by 190.6% during those same periods.

The Board of Pardons meets monthly in Dover.

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