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Tackling the pardons backlog in Pennsylvania

Tackling the pardons backlog in Pennsylvania

It will take time to fix a problem that’s grown over years

The Post-Gazette, in its editorial of Feb. 27, “Justice Delayed: Pennsylvania’s Pardons Backlog Is Shameful,” correctly pointed out that it takes too long for the state Board of Pardons to consider applications. The editorial focused on the case of Corry Sanders, who was elected to McKeesport City Council but cannot serve because of a 23-year-old drug conviction.

I would like to shed some light on the reasons for the backlog, correct one factual error and discuss some potential solutions.

The backlog in pardon applications, which now delays decisions by about three years, has existed for more than a decade. Clearing it was a low priority for the previous administration. Since I became chairman, we have increased the number of cases we review quarterly by 25 percent and will increase it by an additional 25 percent beginning with our review this month — from about 100 cases per quarter to 150.

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We also intend to upgrade soon the Board of Pardons website and allow online applications. This will permit board staff to review applications more efficiently and process them more rapidly. We are setting up a separate track for nonviolent offenders, which we hope will allow us to review more of our cases more expeditiously.

Despite these changes, however, the challenge will remain daunting, in part due to factors beyond the board’s control.

I inherited a backlog of about 1,500 cases. Yet, while we climb to 150 cases reviewed per quarter, the board receives 130 to 190 new applications per quarter.

The board has only five permanent staff positions to process these requests and handling an application is not just a routine paperwork shuffle. Each plea for a pardon receives a careful individual review before the case summary is forwarded to board members for consideration. Both the applicant and society deserve such care.

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I have secured funding to add another staff member, and we are asking the governor’s office to request funding for two more. Given the bipartisan, multi-branch government support for improving our criminal justice system, I hope we can secure this additional staff funding.

Also necessary are improvements in how we process cases. Once the Board of Pardons staff is satisfied as to the accuracy of an application, it goes to the Board of Probation and Parole or, if someone is still incarcerated, to the Department of Corrections, which then conducts applicant interviews. Both are independent of the Board of Pardons, which, contrary to what was stated in the editorial, does not do applicant interviews.

The Board of Probation and Parole does not have full-time agents dedicated to pardon interviews and research, and we working with the board to improve this system. But the most important step in this regard will be enactment of Gov. Tom Wolf’s proposal to merge the Department of Corrections with the Board of Probation and Parole. We have discussed with Corrections Secretary John Wetzel the need for changes, including dedicated agents, when the merger is completed.

All of these changes would help, but no one should kid themselves into thinking that an enormous backlog that has been allowed to grow over many years will disappear in a matter of weeks or months. The four Board of Pardons members and our staff are committed to working hard at it, though, because we agree with the Post-Gazette that when people who made mistakes demonstrate a true willingness to be law-abiding, productive members of society, they deserve a second chance.

Mike Stack is lieutenant governor of Pennsylvania. One of his duties under the state constitution is to chair the Board of Pardons.

First Published: March 11, 2016, 5:00 a.m.

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