What does it mean to commute an execution? Here's what to know after Biden's death row move

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President Joe Biden announced Monday he is commuting the sentences of nearly every inmate on federal death row, a decision aimed at preventing executions when President-elect Donald Trump takes office again.

Biden had pledged to end the death penalty during his presidential campaign, while Trump has floated expanding the death penalty.

While the 37 individuals whose sentences were commuted will not face execution, they are set to remain behind bars for the rest of their life.

So what does a commuted sentence mean? Here is what you need to know in light of Biden's announcement.

What does it mean to commute a sentence?

A sentence commutation reduces the severity of the sentence.

Under Article II, Section 2 of the Constitution, the president "shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."

A pardon and a commutation of sentence are both ways for the president to grant leniency to someone who has committed a federal crime. A pardon implies that the convicted person has taken responsibility for their actions and is forgiven by the president. It can restore some civil abilities that would otherwise be barred due to the criminal conviction, according to the Department of Justice.

Commuting a sentence does not change the conviction, imply innocence or change any civil disabilities that may apply to the convicted individual.

Biden's commutations do not apply to inmates on state death rows

The president's power to issue a pardon or commute a sentence applies only to federal offenses. Therefore, prisoners sentenced to death by their states are not affected by Biden's move.

Currently, 27 states still use the death penalty, while 23 states have abolished it and five states are holding executions based on gubernatorial action, according to the Death Penalty Information Center.

As of January 2024, there were nearly 2,200 prisoners facing the death penalty in state cases, according to the center, which states the death row population has been declining over the last 20 years.

Federal death row inmates with lesser sentences

Here are the 37 federal death row inmates who had their sentences commuted, along with their states and conviction details via the Death Penalty Information Center.

Shannon Wayne Agofsky (Texas): Sentenced in 2004 in the killing of a prisoner.
Billie Jerome Allen (Missouri): Sentenced in 1998 for his involvement in an armed bank robbery during which a bank guard was killed. He is a co-defendant of Norris Holder.
Aquilia Marcivicci Barnette (North Carolina): Sentenced in 1998 for the killing of his ex-girlfriend and another man in a carjacking.
Brandon Leon Basham (South Carolina): Sentenced in 2004 for the kidnapping and death of a woman following an escape from prison. He is a co-defendant of Chadrick Fulks.
Anthony George Battle (Georgia): Sentenced in 1997 for the killing of a prison guard.
Meier Jason Brown (Georgia): Sentenced in 2003 for the fatal stabbing of a postal worker.
Carlos David Caro (Virginia): Sentenced in 2007 for the killing of a prisoner in a federal facility.
Wesley Paul Coonce, Jr. (Missouri): Sentenced in 2014 for the killing of a fellow prisoner in the mental health unit of a federal prison. He is a co-defendant of Charles Hall.
Brandon Michael Council (South Carolina): Sentenced in 2019 for killing two bank employees during the course of a bank robbery.
Christopher Emery Cramer (Texas): Sentenced in 2018 for the killing of a fellow prisoner in a federal facility. He is a co-defendant of Ricky Fackrell.
Len Davis (Louisiana): Police officer sentenced in 2005 for ordering the killing of a witness for an internal investigation into a police misconduct complaint against him.
Joseph Ebron (Texas): Sentenced in 2009 for the killing of a prisoner in a federal facility.
Ricky Allen Fackrell (Texas): Sentenced in 2018 for the killing of a prisoner in a federal facility. He is a co-defendant of Christopher Cramer.
Edward Leon Fields, Jr. (Oklahoma): Sentenced in 2005 for the fatal shootings of two campers on federal land.
Chadrick Evan Fulks (South Carolina): Sentenced in 2004 for the kidnapping and death of a woman after an escape from prison. He is a co-defendant of Brandon Basham.
Marvin Charles Gabrion, II (Michigan): Sentenced in 2002 for killing a woman on federal land.
Edgar Baltazar Garcia (Texas): Sentenced in 2010 for the fatal stabbing of a prisoner in a federal facility. He is a co-defendant of Mark Snarr.
Thomas Morocco Hager (Virginia): Sentenced in 2007 for a drug-related killing.
Charles Michael Hall (Missouri): Sentenced in 2014 for the killing of a prisoner in the mental health unit of a federal prison. He is a co-defendant of Wesley Coonce.
Norris G. Holder (Missouri): Sentenced in 1998 for the fatal shooting of a security guard during a bank robbery. He is a co-defendant of Billie Allen.
Richard Allen Jackson (North Carolina): Sentenced in 2001 for the fatal shooting of a woman while on federal property.
Jurijus Kadamovas (California): Sentenced in 2007 for his involvement in the killings and kidnappings-for-ransom of five immigrants from Russia and Georgia. He is a co-defendant of Iouri Mikhel.
Daryl Lawrence (Ohio): Sentenced in 2006 for the fatal shooting of a special-duty police officer in an attempted bank robbery.
Iouri Mikhel (California): Sentenced in 2007 for his involvement in the killings and kidnappings-for-ransom of five Russian and Georgian immigrants. He is a co-defendant of Jurijus Kadamovas.
Ronaldo Mikos (Illinois): Sentenced in 2005 for the killing of a federal grand jury witness in a Medicare fraud investigation.
James H. Roane, Jr. (Virginia): Sentenced in 1993 for his participation in a series of drug-related killings. He is a co-defendant of Corey Johnson and Richard Tipton.
Julius Omar Robinson (Texas): Sentenced in 2002 for the killing of two men in drug-related incidents.
David Anthony Runyon (Virginia): Sentenced in 2009 for his involvement in the death of a Naval officer in a murder-for-hire plot.
Ricardo Sanchez, Jr. (Florida): Sentenced in 2009 for his involvement in the drug-related killing of a family, including two children. He is a co-defendant of Daniel Troya.
Thomas Steven Sanders (Louisiana): Sentenced in 2014 for a kidnapping resulting in death of a 12-year-old girl.
Kaboni Savage (Pennsylvania): Sentenced in 2013 for his involvement in the killings of 12 people in connection with a drug enterprise.
Mark Isaac Snarr (Texas): Sentenced in 2010 for the fatal stabbing of a fellow prisoner while incarcerated in a federal prison. He is a co-defendant of Edgar Garcia.
Rejon Taylor (Tennessee): Sentenced in 2008 for the carjacking, kidnapping and death of a restaurant owner.
Richard Tipton (Virginia): Sentenced in 1993 for his participation in a series of drug-related killings. He is a co-defendant of Corey Johnson and James H. Roane, Jr.
Jorge Avila Torrez (Virginia): Ex-Marine sentenced in 2014 for the killing of a fellow service member.
Daniel Troya (Florida): Sentenced in 2009 for his involvement in the drug-related killing of a family, including two children. He is a co-defendant of Ricardo Sanchez, Jr.
Alejandro Enrique Ramirez Umaña (North Carolina): Sentenced in 2010 for the fatal shooting of two brothers in a North Carolina restaurant.

Not included on the list was Dzhokhar Tsarnaev, who was convicted in the 2013 Boston Marathon bombing that killed three people and injured more than 260 people, Robert Bowers, convicted in the 2018 Tree of Life synagogue mass shooting in Pittsburgh that left 11 people dead, and Dylann Roof, who was convicted in the 2015 Charleston, South Carolina, mass shooting at Mother Emanuel African American church that left nine dead.

Contributing: Francesca Chambers

Kinsey Crowley is a trending news reporter at Paste BN. Reach her at kcrowley@gannett.com, and follow her on X and TikTok @kinseycrowley.

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