(a) All District offenders shall be eligible to apply for a clemency recommendation from the Board.

(b) No application for a clemency recommendation shall be filed pursuant to this chapter if other forms of judicial or administrative relief are available based on existing law and already-discovered evidence.

(c) The application criteria developed by the Board, pursuant to § 24-481.03(b)(1), for applicants seeking a pardon shall require the applicant to:

(1) Before applying, wait 5 years after the date of the release of the applicant from confinement or, in case no prison sentence was imposed, wait 5 years after the date of the conviction of the applicant;

(2) Not have been convicted of any other criminal offense that is relevant to the conviction for which the applicant seeks clemency, as determined by the Board;

(3) Not be subject to any pending criminal charge that is relevant to the conviction for which the applicant seeks clemency, as determined by the Board;

(4) Not be a party to a past or pending civil case that is relevant to the conviction for which the applicant seeks clemency, as determined by the Board;

(5) Demonstrate that the applicant has been rehabilitated; and

(6) Describe how the receipt of a pardon would help the applicant achieve his or her goals and contribute to the community.

(d) The application criteria developed by the Board, pursuant to § 24-481.03(b)(1), for applicants seeking a commutation shall require the applicant to:

(1) Demonstrate that the applicant has been rehabilitated; and

(2) Describe how commutation would help the applicant achieve his or her goals and contribute to the community.

(e) An applicant shall be given special consideration if the sentencing scheme, including a mandatory-minimum sentence, for the offense for which he or she was convicted was changed to provide for less severe penalties after the applicant was convicted under the sentencing scheme.

(Dec. 13, 2018, D.C. Law 22-197, § 205, 65 DCR 9554.)

For temporary (90-day) creation of this chapter, see §§ 3111 through 3118 of the Fiscal Year 2018 Budget Support Emergency Act of 2018, effective July 30, 2018 (D.C. Act 22-434; 65 DCR 8200).