Press Release/Criminal Justice/National

NEW DATA: First Look at Impact of Historic Clemency for People Serving Outdated Federal Sentences

Elected Leaders, Labor Leaders, Civil Rights Leaders, and Criminal Justice Advocates Voice Enthusiastic Support for Clemency

 

WASHINGTON, D.C. – Today, FWD.us released a new data brief offering the first in-depth look at the January 2025 commutations for people serving outdated, racially disparate federal prison terms. Joining in the publication of this data are key elected officials including Senators Mazie Hirono (D-HI) and Raphael Warnock (D-GA), and Congressmembers Shontel Brown (OH-11), Hank Johnson (GA-04), Sydney Kamlager-Dove (CA-37), Lucy McBath (GA-06), Jennifer McClellan (VA-04), and Ayanna Pressley (MA-07), along with national labor and civil rights leaders NAACP President Derrick Johnson and SEIU President April Verrett.

The analysis provides a detailed look at the impact of commutations granted by former President Joe Biden, including state-level breakdowns, the total years of prison time saved, insights into the age of clemency recipients, and demographic data on race and offense type. As people come home to their loved ones, the findings show that the overwhelming majority of those granted clemency are Black men convicted of federal drug offenses and sentenced under outdated and racially discriminatory laws.

The commutations were the product of years of advocacy from families with incarcerated loved ones and a chorus of support from a broad and politically diverse coalition, including conservative criminal justice reform organizationsnational labor unionslegacy civil rights organizations, and nearly 90 members of Congress.

“There’s been a lot of punditry recently from a political class far removed from the impacts of mass incarceration about what clemency should and should not look like and whether it should exist at all,” said FWD.us Executive Director Zoë Towns. “Hopefully, this data is a reminder that clemency is, at its best, a life saving and life changing action that we’ll need much more of if we hope to remedy decades of failed policymaking in our criminal justice system. This early analysis of the hard fought for relief for those serving extreme, outdated, and racially disparate federal prison terms provides a glimpse of the extraordinary good on the other side of second chances.”

The brief, Early Outcomes: Federal Commutations Primed to Make Positive Impact, which can be read in full here, offers an early look at the extraordinary good of clemency to address historical injustices. The data reveals meaningful second chances, including:

  • 2,120 people in prison were granted commutations, sparing a total of 16,340 years behind bars.
  • The average commutation recipient’s sentence was reduced by nearly 8 years.
  • Without these commutations, at least 135 people would have died behind bars because they were sentenced to life or de facto life sentences.
  • 88% of clemency recipients were Black, with a significant number being sentenced under the crack and powder cocaine sentencing disparity.
  • Individuals sentenced in 48 states, Washington D.C., Puerto Rico, Guam, and the Virgin Islands will have an opportunity to come home early from long, outdated sentences.

“Clemency for people serving outdated federal prison terms is a step towards making our justice system more fair,” said Senator Mazie Hirono (D-HI). “While there is more work to do, I celebrate the impact of real second chances for commutation recipients, their loved ones, and our communities as a whole.”

“Addressing racial disparities in our criminal justice system has been a mission of mine long before I became a United States Senator,” said Senator Raphael Warnock (D-GA). “I’m proud to have worked with the former President towards the commutations of some 2,120 individuals, 50 of whom are Georgians, who were spared a collective 16,340 years of incarceration for offenses that would not be penalized the same way today. These are meaningful second chances, but we must continue to combat a broken justice system that leaves too many marginalized Americans behind.”

“Mass incarceration has devastated Black communities for decades,” said Congresswoman Shontel Brown (OH-11). “Thanks to President Biden’s commutations for those serving outdated federal sentences, many individuals — including more than 50 Ohioans — are finally coming home. I’m grateful for this important step toward justice and remain committed to addressing sentencing disparities and other inequities in our justice system. This win is worth celebrating, especially during Second Chances Month — but the work to build a fairer system is far from over.”

“In Georgia, we believe in second chances,” said Congressman Hank Johnson (GA-04). “Clemency is an effective tool to address disproportionately long, outdated federal sentences and reunite families.”

“For decades, the American justice system disproportionately handed down longer, harsher sentences for Black and Brown individuals compared to others convicted of similar crimes,” said Congresswoman Sydney Kamlager-Dove (CA-37). “In January, President Biden delivered a measure of justice for over 2,100 people unduly targeted during the failed War on Drugs, offering these souls a fresh start and a chance to become valued members of their communities. I'm grateful for the Biden Administration’s commitment to rectifying historical wrongs within our justice system. We must continue the fight for justice and pass my bill, the Second Look Act, to address these sentencing disparities comprehensively.”

“In the ongoing fight for justice, clemency has given many Americans a chance to return home and rebuild their lives,” said Congresswoman Lucy McBath (GA-06). “Now more than ever, we must continue the fight for meaningful second chances and expand opportunities for those who have been impacted by our criminal justice system.”

“Mass incarceration breaks families apart and destabilizes communities, especially in Black communities that have borne the brunt of racially disparate federal prison sentences,” said Congresswoman Jennifer McClellan (VA-04). “Thankfully, these commutations give a meaningful second chance to those families and take another step towards addressing injustice, restoring families, and closing the gap of racial and economic inequality that makes communities more vulnerable to violence.”

“The power of clemency is life-changing, especially for Black and brown folks disproportionately targeted by mass incarceration,” said Congresswoman Ayanna Pressley (MA-07). “This data is incredible news and affirms what we’ve long known — that commutations for people serving unfair and outdated sentences, like the crack-cocaine disparity, is a critical step toward justice and healing. I applaud President Biden for using his executive clemency power to bring thousands of individuals home and reunite families. And we won’t stop fighting to address the hurt and harm of our unjust criminal legal system.”

“The War on Drugs was a war on Black and brown people,” said Derrick Johnson, President & CEO of the NAACP. “Not only was it a failure, it left communities less safe and put thousands of people behind bars for decades. The NAACP fights to advance justice and freedom. The fight for commutations for thousands of people who were serving outdated federal prison sentences was right and necessary. And, for the reasons this report makes clear, we are proud to have won that fight.”

“This data illustrates why President Biden’s bold actions were necessary and impactful,” said April Verrett, President of the Service Employees International Union. “If our nation is serious about delivering justice to all, we must address sentencing disparities. We must also ensure prisons are places for real rehabilitation and that support is provided for formerly incarcerated people when they return home. Real second chances require real opportunities and investments to ensure everyone is able to reunite with their families and communities as well as reenter the workforce.”

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