BILL ANALYSIS Ó
AB 648
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CONCURRENCE IN SENATE AMENDMENTS
AB 648 (Block and Fletcher)
As Amended August 15, 2011
Majority vote
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|ASSEMBLY: |68-0 |(April 25, |SENATE: |34-0 |(August 22, |
| | |2011) | | |2011) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires that at least 10 days before the Governor
acts upon any application for a commutation of sentence, the
application must be served upon the district attorney in the
county where the conviction was had, except as specified.
The Senate amendments :
1)Reduce the required notice to the district attorney from 30
days to 10 days.
2)Suspend the ten day notice requirement when there is imminent
danger of the death of a person convicted or imprisoned, or
when the term of imprisonment of the applicant is within 10
days of its expiration.
3)Clarify that the district attorney need only make reasonable
efforts to notify the victim or victims of the crime.
EXISTING LAW :
1)Provides that subject to application procedures provided by
statute, the Governor, on conditions the Governor deems
proper, may grant a reprieve, pardon, and commutation, after
sentence except in cases of impeachment. The Governor shall
report to the Legislature each reprieve, pardon, and
commutation granted, stating the pertinent facts and the
reason for granting it. The Governor may not grant a pardon
or commutation to a person twice convicted of a felony except
on recommendation of the Supreme Court, four judges
concurring.
2)Requires that at least 10 days before the Governor acts upon
any application for a pardon, written notice of the intention
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to apply therefor, signed by the person applying, shall be
upon the district attorney in the county where the conviction
was had, and proof, by affidavit, of the service must be
presented to the Governor.
3)Provides that the Board of Prison Terms (BPT) may report to
the Governor from time to time, the names of all persons
imprisoned in any state prison, who in its judgment ought to
have a commutation of sentence, or be pardoned or set at
liberty on account of good conduct, or unusual term of
sentence, or any other cause, including evidence of intimate
partner battering and its effects.
4)States that in the case of a person twice convicted of a
felony, the application for pardon or commutation of sentence
shall be made directly to the Governor, who shall transmit all
papers and documents relied upon in support of and in
opposition to the application to the BPT.
5)Provides that when an application is made to the Governor for
pardon or commutation of sentence, or when an application is
forwarded to the BPT, he or she may require the judge of the
court before which the conviction was had, or the district
attorney by whom the action was prosecuted, to furnish him or
it, without delay, with a summarized statement of the facts
proved on the trial, and of any other facts having reference
to the propriety of granting or refusing said application,
together with his recommendations for or against his granting
of the same and his reason for such recommendation.
AS PASSED BY THE ASSEMBLY , this bill required that at least 30
days before the Governor acts upon any application for a
commutation of sentence, the application must be served upon the
district attorney in the county where the conviction was had.
Specifically, this bill :
1)Required that at least 30 days before the Governor acts upon
any application for a commutation of sentence, written notice
of the intention to apply therefor, signed by the person
applying, shall be upon the district attorney in the county
where the conviction was had, and proof, by affidavit, of the
service shall be presented to the Governor.
2)Provided that the district attorney may submit a written
recommendation to the Governor for or against commutation of
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sentence.
3)Required the district attorney to notify the victim or victims
of the crime or crimes related to the application and the
victim's families who may also submit a recommendation to the
Governor for or against commutation of sentence.
4)Recasted existing provision of law that require the Governor,
at the beginning of each legislative session to report to the
Legislature each case of reprieve, pardon, or commutation,
stating the name of the person convicted, the crime of which
the person was convicted, the sentence and its date, and the
date of the reprieve, pardon or commutation and the reason for
granting the same, and makes these reports available to the
public.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Notification to victimsUnknown; likely minor state-reimbursable
General
and families costs
Public availability of Minor and absorbable costs to the General
report to Legislature Governor's Office
COMMENTS : According to the author, "The California Constitution
grants the Governor broad authority to grant reprieves, pardons,
or commutations subject to statutory procedures. This
long-standing authority to perform acts of clemency is a
constitutional prerogative that provides important checks and
balances. However, current statutory law governing procedures
does not provide for notice to district attorneys or victims or
an opportunity to be heard during the consideration of an
application for commutation.
"AB 648 would remedy that omission by requiring the applicant of
a pardon or commutation request to notify the district attorney
of the county where the conviction occurred 30 days before the
Governor acts. The district attorney would then notify the
victim and their family. Both parties would have an opportunity
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to submit a written recommendation for or against the
commutation request to the Governor. Under current law district
attorneys are notified of a pardon request by the applicant only
10 days prior to a decision.
"The measure also strengthens transparency and oversight of the
process by requiring the Governor to submit a report to the
Legislature each year in writing on the pardon, reprieve and
commutation requests received that were granted. AB 648 also
requires inclusion of the application request. The report and
applications will be available to the public as well."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0001836