AB 2845: Criminal procedure: pardons.

The general authority to grant reprieves, pardons, and commutations of sentence is conferred upon the Governor by Section 8 of Article V of the Constitution of the State of California. Existing law establishes the procedure for application for a pardon. Existing law authorizes the Board of Parole Hearings to recommend to the Governor persons imprisoned in the state prison system who, in their judgment, ought to be pardoned.

Existing law also authorizes a person formerly convicted of a crime to file a petition with the superior court for a certificate of rehabilitation. Existing law authorizes the court to review that application and issue a certificate of rehabilitation, as specified. Existing law requires any certificate of rehabilitation issued by the court to be forwarded to the Governor for consideration of a full pardon.

Existing law also authorizes a person twice convicted of a felony to apply directly to the governor for a pardon. Existing law defines the effect of a full pardon.

Existing law, upon request of the Governor, requires the Board of Parole Hearings to investigate and report on all applications for reprieves, pardons, and commutation of sentence and to make recommendations to the Governor.

This bill would authorize the board to make recommendations to the Governor at any time, and would authorize the Governor to request investigation into candidates for pardon or commutation at any time. The bill would require the board to consider expedited review of the application if a petitioner indicates an urgent need for the pardon or commutation, as specified. The bill would also require the board to provide notification to an applicant after the board receives the application, and when the board has issued a recommendation.

The bill would, subject to criteria established by the Governor, as specified, require a certificate of rehabilitation issued by a court to be reviewed by the board within one year of receipt of the certificate, and would require the board to issue a recommendation as to whether the Governor should pardon that individual.

The bill would make a certificate of rehabilitation available to a person who has had a conviction dismissed pursuant to withdrawal of plea, as specified.

This bill would also require the Governor to make the application for a pardon and the application for a commutation available on the Governors Internet Web site and would require the courts of each county to make the application for a certificate of rehabilitation available on the courts Internet Web site and at each courthouse.

The bill would make other conforming changes.