Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Community Safety Committee
SB 5103
Brief Description: Expediting review of sentences when there exists a pending deportation proceeding.
Sponsors: Senators Hasegawa, Frame, Orwall and Saldaña.
Brief Summary of Bill
  • Requires the Clemency and Pardons Board to consider expedited review of a petition if the petitioner indicates an urgent need for pardon or commutation, including, but not limited to, a pending deportation order or deportation proceeding.
  • Provides that a person is eligible for a pardon, commutation, or restoration of civil rights without regard to the person's immigration status.
Hearing Date: 3/27/25
Staff: Lena Langer (786-7192).
Background:

Pardons and Commutations.

The Governor has the constitutional and statutory authority to issue pardons and commute sentences.  A pardon is generally a government decision to allow a person to be absolved of guilt for a crime and restores the person's civil rights.  A commutation of a sentence is a reduction in sentence, usually to time served.

 

Clemency and Pardons Board.

The Clemency and Pardons Board (CPB) was established to make recommendations to the Governor concerning petitions for clemency.  The CPB receives petitions from individuals, the Department of Corrections, and organizations for commutations of sentences and pardons of convictions, and makes recommendations on those petitions to the Governor.  The Governor makes the final decision in all cases heard by the CPB.

 

The CPB generally reviews and hears petitions for pardon or commutation only in cases in which judicial remedies for the conviction have been concluded or exhausted.  In most cases, absent unique or emergency circumstances, the CPB will not consider a petition until at least 10 years have passed from the date of conviction.  In addition, the CPB does not hear new petitions from the same individual on the same matter until three years have elapsed from the date of the previous hearing, unless there are exceptional circumstances or new information not previously considered by the CPB.

 

After receiving a petition, the CPB evaluates whether the petitioner's request merits a hearing.  If a hearing is determined to be appropriate, the CPB must provide the relevant county prosecuting attorney with 30 days advance notice.  After the hearing, the CPB votes on a recommendation, which is then forwarded to the Governor.  The Governor is under no legal obligation to follow the recommendation.  If the Governor grants a pardon, the person's conviction will be removed from the petitioner's criminal history available to the public.  The Governor can place conditions on the pardon, such as requiring a conviction-free record for a specified period of time.  A commutation results in a reduction of criminal penalties and is often conditional.

 

Immigration and Customs Enforcement.

The United States Immigration and Customs Enforcement (ICE) enforces federal laws governing border control, customs, trade, and immigration.  Deportation is the process of removing a noncitizen from the United States for violating immigration law.  An immigration court of the United States Department of Justice hears the related case.  If a judge rules that the deportation should proceed, the ICE carries out a removal order.
Summary of Bill:

The CPB is required to consider expedited review of a petition if the petitioner indicates an urgent need for pardon or commutation, including, but not limited to, a pending deportation order or deportation proceeding.

 

A person is eligible for a pardon, commutation, or restoration of civil rights without regard to the person's immigration status. 
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.