A look at Minnesota’s new Clemency Review Commission

The Minnesota Clemency Review Commission (CRC) was created by the DFL led Minnesota Legislature in 2023.  The Commission’s role is to review applications for clemency from convicted individuals and make recommendations to the Minnesota Board of Pardons (BOP).

The CRC provides this description of clemency on its website:

Clemency is any act of mercy or compassion shown toward someone who has committed a crime. The most common types of clemency in Minnesota are pardons and commutations. A pardon is for people whose sentences are complete and no longer active. A commutation is for people that are still serving part of their sentence.

Pardons: A pardon sets aside a criminal conviction, restoring a person’s rights and removing many consequences of that conviction. Individuals must wait five years after their sentence was completed to apply for a pardon. If denied, they must wait five years before re-applying.

Commutation: A commutation alters a sentence making it less severe. This can include reducing the amount of time served in custody, on supervised release, or on probation. If commutation is denied, an applicant must wait five years before re-applying.

The BOP consists of the Attorney General (Ellison), the Chief Justice of the Minnesota Supreme Court (Hudson), and the Governor (Walz).  Each BOP member chooses three members to sit on the CRC. Given the current make-up of the BOP, the make-up of the inaugural CRC is decidedly progressive, with members predominantly holding social justice advocacy possitions. 

By statute, the CRC must submit an annual report to the Legislature. There have been two reports issued – 2024 and 2025 – allowing for evaluation of the work being completed.  The CRC began operation July 1, 2024, so the data from the 2024 report equates to half a year.

In 2024 the CRC received 201 pardon requests and 78 commutation requests in six months of work beginning in July. The CRC held hearings on 67 (33%) of the pardon requests and 11 (14%) of the commutation requests, granting pardons in 61 cases (91%) and commutations in three (3) cases (27%). The BOP responded by granting 100% of the pardons and commutations recommended by the CRC.

In 2025, its first full year in operation, the CRC received 302 pardon requests and 99 commutation requests. The CRC held hearing on 145 (48%) of the pardon requests and 19 (19%) of the commutation requests, granting pardons in 128 cases (88%) and commutations in 10 cases (53%). The BOP responded by granting 95% of the pardon requests and 90% of the commutation requests recommended by the CRC.

The level of commutations granted in 2025 contrasts sharply against the level of commutations granted historically.  In fact, a review of historical data shows that the BOP didn’t grant a single commutation in the ten years between 1992 and 2001.  More recently, in 2021, the BOP granted just one (1) commutation out of 93 applications.

It is likely too early to judge how the creation of the CRC will impact justice in Minnesota – and of course there is an element of subjectivity to that evaluation. However, it is troubling to learn that one of the commutation requests recently denied by the BOP – that of Adrian Riley – had actually been recommended for approval on a 5-2 vote by the CRC. This despite Riley being convicted of killing three people in 1995, receiving three consecutive life sentences, exhausting all appeals up through the Minnesota Supreme Court, and refusing to accept responsibility for murders. Thankfully Governor Walz and Supreme Court Chief Justice Hudson (AG Ellison recused himself from the vote as he was connected to Riley’s original defense) voted to deny Riley’s request, based largely on his refusal to accept responsibility.

Despite the final outcome, the recommendation from the CRC to grant commutation to Riley, coupled with the BOP’s demonstrated willingness to agree with nearly all the recommendations coming from the CRC and a dramatic increase in commutations granted, requires close examination of future clemency decisions being considered by the new CRC/BOP.