President Biden should commute unfair sentences before his term ends

During your presidency, you have taken commendable actions to reform the criminal justice system while reducing crime and have rightfully placed a moratorium on the death penalty in recognition of its arbitrary application, racial disparities, and the potential for grave miscarriages of justice. But with a new administration incoming, your legacy is at risk. That’s why I ask that you use your clemency powers to remove everyone on federal death row to instead serve sentences of life without parole, re-sentence nonviolent drug offenses, and commute the sentences of individuals serving home confinement under the CARES Act.

The president-elect has signaled his intention to resume executions, as he did in his previous term, ending a years-long moratorium. This comes despite widespread evidence that the death penalty is applied in a racially disparate way. The methods used are cruel, and the finality of the punishment can prevent valid claims of innocence from advancing in the courts. I urge you to commute the sentences of these individuals to a term of life without parole.

Second, several thousand people convicted of drug crimes are serving lengthy prison terms that would be much shorter if sentenced today. Efforts to address the generational racial disparity in drug sentencing through the EQUAL Act have failed in Congress, leaving no hope for people currently serving these sentences. That is why I urge you to use your clemency power to commute the sentences of people who would have benefited from that legislation, as well as those who would benefit by retroactive application of sections 401 and 403 of the First Step Act, to time served.

Third, under the CARES Act, the Bureau of Prisons moved more than 13,000 medically vulnerable people to home confinement. These individuals were approved for release based on strict criteria approved by the Trump Administration, and they were allowed to stay home under an order under your Administration. More than 99 percent have been law abiding members of the community for almost five years, which is why you threatened to veto an attempt by Senate Republicans to revoke your order. Today, there are about 1,500 people remaining on home confinement under this program, but they could be sent back to prison under a new Attorney General. These people have reunited with their families and are successfully reintegrating into communities, and I urge you to commute their sentences.

Mr. President, I appreciate your efforts to make the criminal justice system fairer and humane. But to cement your legacy, I urge you to use your clemency power to protect these people before the end of your presidency on January 20th.