Lack of funding prompts WA governor to veto part of clemency bill

Washington Governor Bob Ferguson vetoed various provisions of a bill regarding Washington State’s Clemency and Pardons Board (CPB).

The Engrossed Second Substitute House Bill-HB 1131, partially signed into law by Ferguson on Tuesday, aims to expand the CPB, alter the board’s processes for reviewing applications, and make board members eligible for compensation.

Ferguson wrote in his veto submission, “The Legislature did not provide funding to implement this expansion of the board’s work. Therefore, I am vetoing Section 117(8). I intend to seek the necessary funding to support the work contemplated by E2SHB 1131 in the next budget.”

The CPB reviews applications and makes recommendations to the governor on granting executive commutations, pardons, and restoration of rights for individuals previously convicted of a legal offense, according to the House Democrats.

The bill also expands the size of the board from five to 10, enlarges the experience required of each board member, adds more compensation, and provides supplemental training, The Center Square reported.

Representatives debate Ferguson’s partial veto of clemency bill

Representative Roger Goodman, D-Kirkland, sponsored the bill and stated his confusion about Ferguson’s partial veto of his bill.

“The governor didn’t know it was coming until they reviewed the bill and found that they don’t have funding for a staff member in the Governor’s Office to manage the expansion of the clemency and pardons board,” Goodman said, according to The Center Square. “We’re going to be delayed by a few months. We will appropriate the money necessary in the next supplemental budget in January 2026.”

James McMahon, policy director with the Association of Sheriffs and Police Chiefs, relayed his concern for the expansion of the CPB.

“We differ from our friends in the (Prosecuting Attorney’s Office) because this small, intimate group allows the members of the board to leave their preconceived notions,” McMahon said, reported The Center Square. “There have been times where the police chief on that board says, ‘I think we should grant this person clemency’ and the defense attorney on the board says, ‘Actually, I disagree.’ When you double the size of the board, we fear it creates constituencies, caucuses if you will.”

Goodman noted that his position is limited, and the governor has the final say in the matter.

“Remember that the governor is the backstop, so it’s the governor’s decision whether or not to grant clemency,” Goodman said, The Center Square stated.

Clemency bill membership conditions

Included in the bill, members must possess lived experience as an incarcerated individual or have worked with the formerly incarcerated. There must also be a member with experience and interest in tribal affairs, and two representatives of crime victims.

Members will receive up to $100 per day, be compensated for time spent on training, travel expenses, and hearing preparation. The CPB members must also attend training exercises related to race, equity, racism, and restorative justice.

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