Uncertainty surrounds hearings for Pennsylvania prison inmates

The coronavirus pandemic could delay freedom for prison inmates scheduled for clemency hearings in June as uncertainty continues over when restrictions will be lifted and how hearings can be held within social-distancing guidelines.

Lt. Gov. John Fetterman said in a call with reporters Tuesday that “dozens” of inmates were set for in-person commutation hearings during the first week of June. Because of the uncertainty created by the pandemic, he said, those hearings will move to a later date.

When that date will be, however, remains to be seen. The hearings generally take place at the Capitol in Harrisburg, and the Capitol Complex remains closed indefinitely. Beyond that, Fetterman said, the board “must also consider travel plans for applicants, as some parts of the state might still be closed in June.”

He said the hearings will be rescheduled within 30 days after the Capitol reopens.

Clemency applications fall into two categories: applications for a pardon or applications for commutation.

A pardon releases a person from the legal consequences of a conviction – it is total forgiveness and makes the crime as though it didn’t happen. A commutation is a shortening of a sentence, often applied for by those serving life sentences. People serving life sentences in Pennsylvania have no chance for parole.

The Board of Pardons will move forward remotely with merit reviews of pending cases next month as planned. The June hearings that take place in person, however, are the component that will be postponed.

Fetterman said asking applicants to go through the process via video conference would be “grossly unfair.” He pointed to technical problems on the call with reporters as an example.

“We want to make sure prisoners don’t have their opportunities messed up over technical glitches,” he said.

“I share the frustration of those working to free inmates who have been incarcerated for too long, but it’s in everyone’s best interest for our work to be conducted safely and in a manner that gives applicants the full chance that they deserve to have their requests heard.”