Improving the Pardon and Commutation Process - Policy Recommendations for Governor Gavin Newsom - Asian Law Caucus
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Improving the Pardon and Commutation Process Policy Recommendations for Governor Gavin Newsom MARCH 2019
About Asian Americans Advancing • Immigrant Legal Resource Center
Justice - Asian Law Caucus
• Legal Services for Prisoners with
Founded in 1972, Asian Americans Children
Advancing Justice – Asian Law
• PICO California
Caucus (Advancing Justice - ALC) is
the nation’s first legal and civil rights • Southeast Asia Resource Action
organization serving the low-income Center
Asian Pacific American communities.
Advancing Justice – ALC focuses • Root and Rebound
on criminal justice reform, housing
• Youth Justice Coalition
rights, immigration and immigrants’
rights, labor and employment issues,
This memo was authored by:
immigrant youth advocacy (ASPIRE),
voting rights, and national security • Ny Nourn - Yuri Kochiyama
and civil rights. Fellow,
Advancing Justice - ALC
Since the vast majority of Asians
and Pacific Islanders in America are • Sarah Lee - Community
Advocate,
immigrants and refugees, Advancing
Advancing Justice - ALC
Justice – ALC strives to create
informed and educated communities • Angela Chan - Policy Director and
empowered to assert their rights Senior Staff Attorney, Advancing
and to participate actively in Justice - ALC
American society. This perspective is
reflected in our broad strategy which
Thank you to the following editors:
integrates the provision of legal
services, educational programs, • Carol Strickman - Senior Staff
community organizing initiatives and Attorney, Legal Services for
advocacy. Prisoners with Children
Prepared by Asian Americans • Colby Lenz - Community
Organizer, California Coalition
Advancing Justice - Asian Law
For Women Prisoners
Caucus on behalf of the Pardon and
Commutation Reform Coalition: • Eva DeLair - Associate Director,
Northern CA Programs & Policy
• Asian Americans Advancing Reform, Root and Rebound
Justice – California
• Emily Harris - Senior Campaigner,
• Asian Prisoner Support Ella Baker Center for Human
Committee Rights
• California Coalition for Women • Saira Hussain - Staff Attorney,
Prisoners Asian Americans Advancing
Justice - ALC
• Coalition for Humane Immigrant
Rights • Rose Cahn - Criminal and
Immigrant Justice Attorney,
• Council on American - Islamic Immigrant Legal Resource Center
Relations
3
applicants and drawing from our
experiences serving directly-
impacted community members
seeking pardons and commutations,
we provide recommendations for
building on these initial reforms to
further improve California’s pardon
and commutation process.
In this memo we provide
background information on the
pardon and commutation
process, a summary of AB 2845,
and an analysis of major trends in
the survey results. We also provide
the following recommendations for
this new administration to consider
adopting:
Executive Summary
After passing AB 2845 in September 1. Add a section in the pardon and
2018, the state of California adopted commutation applications that
its first progressive pardon and allows the applicant to explain
commutation reform since 1943. if there are urgent issues
This year the Governor’s Office and involved, such as deportation
the Board of Parole Hearings (BPH) orders, and require that BPH
have the important responsibility expedite these applications.
of implementing this new law and
The Governor’s Office should ask
can choose to take additional
BPH to expedite their investigation
steps to significantly improve the
of these applications within
transparency and accessibility of the
three months of receipt from the
pardon and commutation process.
“As nonprofit Governor’s Office, with the flexibility
As nonprofit organizations working of acting sooner for emergency
organizations situations.
alongside directly-impacted
working alongside community members to advance
directly-impacted criminal justice reform, we write
2. Issue a decision regarding
community this report to share our policy
pardon and commutation
recommendations for implementing
members to AB 2845. While implementing AB
applications within one year
of receipt of the application,
advance criminal 2845 is an important first step
or sooner if the application
justice reform, we to improving the pardon and
involves an urgent issue.
commutation process, further reform
write this report to
is needed to ensure that these vital The Governor’s Office should
share our policy avenues for relief are truly accessible provide a clear time frame for when
recommendations and transparent. Based on gathering a decision will be issued to increase
for implementing and analyzing 100 survey results transparency for applicants and their
from pardon and commutation families.
AB 2845.”
4
3. Create a notification process 6. Ask CDCR to approve trainings
for applicants and their in a timely manner regarding
supporters that includes the pardon and commutation
providing notification of receipt process from community
of the application, a filing groups.
number, status updates, and
guidelines for supplementing or It can be challenging for community
resubmitting an application. groups to get access to a state
prison to provide trainings. This
A key request from survey process should be streamlined,
participants was that the Governor’s especially for trainings on applying
Office provide notification at for clemency and commutations.
each step of the clemency and
commutation application process
to increase transparency so 7. Advocate for elimination of
that applicants are not waiting California Supreme Court
indefinitely for a response. This Review for clemency applicants
reform could be implemented twice convicted of a felony, and
through updating the Governor’s resubmit applications recently
website to allow applicants to rejected by the Supreme Court.
submit an application through an
The Supreme Court’s recent
online portal and for supporters and
decisions in December 2018
applicants to check the status of an
blocking the Governor from granting
application.
clemency for ten individuals while
providing no explanation for
4. Allow support letters to be their decision raises concerns of
electronically submitted using transparency and interference with
the applicant’s filing number. the Governor’s clemency powers.
We recommend that the application We recommend that the Governor’s
instructions inform applicants that Office promptly resubmit these
they may submit support letters applications, and ask for an
from organizations or programs, as administrative order from the
well as from their family, friends, and California Supreme Court that
community members. explains their prior rare decision to
reject grants for these applications.
We also recommend that the
5. Designate a point person as Governor support a ballot measure
a resource for applicants and to amend the California Constitution
their supporters. to remove this requirement of
Supreme Court review.
Survey participants expressed that
it’s often unclear who they should
contact in the Governor’s Office
with questions or to ask for updates.
This can be addressed through
designating a clear point person.
5
8. Adopt a policy of presumptively the constitutional standard of care
granting pardon applications for the prison population and ruled
supported by a Certificate of for the state to comply by reducing
Rehabilitation (COR). its prison population from 181
percent to 137.5 percent of design
Individuals who are able to obtain capacity within two years.1
a COR from a court must go
through a rigorous review process. As of December 2017, of the 130,263
Applications for a pardon supported people incarcerated in state prisons,
by a COR should be granted by 5,119 are sentenced to Life Without
the Governor without a second the Possibility of Parole (LWOP) and
investigation by the Board of Parole 27,431 are sentenced to Life.2 People
Hearings. serving LWOP and Life sentences
spend decades in prison, and after
exhausting all state appeals, rely
9. Establish an Independent on clemency as their main form of
Pardon and Commutation relief. Pardons and commutations
Commission. are key avenues for the Governor
of California to recognize the harm
An independent panel should be
caused by the mass incarceration
established to ensure that pardon
crisis and to underscore the value of
and commutation applications are
redemption and rehabilitation.
prioritized and investigated. Pardon
and commutation applications In California, individuals who were
are important decisions for the convicted of a crime and can show
Governor’s Office to make as they they have rehabilitated may apply
affect whether people will be for a gubernatorial commutation or
deported, can obtain employment, pardon. A commutation reduces a
can vote if they live in another state, sentence post-conviction. A pardon
and can remove other barriers restores specified rights, such as
to reintegration. Pardons and the ability to obtain a professional
commutations deserve a designated license. A pardon may also allow
commission. for an immigrant to reopen their
deportation case if the order
was based on the state criminal
Background on pardons conviction.
and commutations in
California Currently, the Governor may forward
applications for pardons and
From the 1980’s to the 2000’s, commutations to the Board of Parole
misguided “tough on crime” policies Hearings (BPH) to review and make
spurred a prison boom in California recommendations. The Governor
that led to an almost tripling of the retains exclusive authority to grant
number of state prisons from 12 pardons and commutations; and
to 33. California’s prisons became the Legislature can establish the
overcrowded and rife with inhumane clemency application process.
conditions. In 2011, the Supreme
Court held that the state fell below
6
Summary of AB 2845
Governor Brown’s legacy in addressing mass incarceration and deportation in California
went beyond granting a record number of pardons and commutations. On September
27, 2018, Governor Brown signed AB 2845 into law to begin reforming California’s
pardon and commutation process. Effective January 1, 2019, AB 2845 takes initial steps
to increase the transparency and accessibility of the pardon and commutation process
in the following ways:
• Establishes a one-year timeline for the Board of Parole Hearings (BPH) to review
and issue recommendations on pardon applications supported by a Certificate of
Rehabilitation (COR), which is a court order declaring that a person convicted of a
crime is rehabilitated.
• Requires BPH to consider expediting their review of urgent pardon and
commutation applications, such as when an applicant is facing deportation.
• Requires BPH to notify applicants when they receive a pardon or commutation
application, and when they issue a recommendation to the Governor.
• Allows for individuals to apply for a COR in the county where they reside or where
they were convicted.
• Makes COR applications available on county court websites.
• Clarifies that individuals are eligible for a commutation, pardon, or a COR
regardless of immigration status.
• Makes pardon and commutation applications available on the Governor’s website.
• Expands “Ban the Box” employment protections to ensure that when conducting a
background check in connection with an application for employment, an employer
may not consider convictions that have been pardoned or received a COR.
AB 2845 was co-sponsored by a coalition of community-based organizations with
expertise in criminal justice reform and immigrant rights: Asian Americans Advancing
Justice – California, Asian Prisoner Support Committee, California Coalition for Women
Prisoners, Coalition for Humane Immigrant Rights, Council on American - Islamic
Relations, Immigrant Legal Resource Center, Legal Services for Prisoners with Children,
PICO California, Southeast Asia Resource Action Center, Root and Rebound, and Youth
Justice Coalition.
7Despite the urgent need for applicants. These responses
pardons and commutations in included four responses from family
many deserving cases, there is little members of applicants.
transparency around the review
process. Individuals who apply for Ninety commutation applicants
a pardon or commutation do not and three family members of
receive notice if the application was commutation applicants responded
received, if it is being reviewed, and to the survey by mail in December
if/when a decision is made. 2018. Six California pardon
applicants, and one family member
Prior to passage of AB 2845, there of a pardon applicant responded
also was no statutory requirements to the survey online between
for how long the BPH had to review December 2018-January 2019. All
and issue recommendations to pardon applicants are immigrants
the Governor on commutation who also faced immigration
and pardon applications. In many detention after serving time
cases, individuals who submit in prison or jail. See Appendix to find
pardon or commutation applications all survey results.
never hear back from BPH or the
Governor’s Office after submitting Major Trends
their applications. Profile of Commutation and Pardon
Participants
In addition to the lack of
transparency, very few applications • The average number of
years participants have been
have been granted in California over
incarcerated is 16.2 years.
the past several decades. From 1991
to 2010, three California governors Experience with the Pardon and
granted a total of just 28 pardons Commutation Process
and 14 commutations. Governor
Jerry Brown changed this trend in • 87% of participants and their
his last two terms by prioritizing supporters first heard about
using his pardon and commutation the pardon and commutation
power, and granting 1,332 pardons process through word of mouth,
other incarcerated people, or
and 283 commutations, including
through researching on their
a significant number of immigrants own. 12% heard about the pardon
who were seeking pardons to stop and commutation process
their deportation. 3 through outside resources
“Despite the urgent such as an attorney, clergy, or
need for pardons community based organizations.
and commutations Survey Analysis • 1% of participants heard about
in many deserving the pardon and commutation
Methodology
process directly from the Board
cases, there is To better understand how to of Parole Hearings at a workshop.
implement AB 2845 and improve the
little transparency
pardon and commutation process, • 85% of participants did not
around the review we collected 100 survey responses receive a filing number after they
process.” from pardon and commutation submitted their application.
8• 5% requested assistance for
those living with learning
disability, or for English language
learners.
Recommendations for
Improving the Pardon
and Commutation
Process
Our analysis of the survey results
and our experience serving low-
income incarcerated and formerly
incarcerated community members
provide the basis for the following
recommendations. “Participants”
refers to participation in the
• 76% of participants expressed survey, and “applicants” refers
confusion or experienced
to participation in the pardon or
difficulties while filling out the
application. commutation process.
• 52% of participants completed
their pardon or commutation 1. Create a process for flagging
application pro se (on their own applications involving urgent
without an attorney). Issues, such as deportation
orders, and expedite these
Recommendations to improve the applications
Pardon and Commutation Process
The Trump administration’s intense
• 60% requested a filing number. focus on ramping up immigration
arrests has resulted in more
• 56% requested a way to receive
status updates. immigrants seeking pardons
to obtain potential relief from
• 44% requested a timeframe for deportation. Immigrants who have
when applicants can expect to served their sentence, rehabilitated,
hear about the final status of and earned release face the risk
“76% of their pardon or commutation
of being detained by Immigration
application.
participants and Customs Enforcement and
permanently separated from their
expressed • 19% requested a notice of receipt
letter. families and communities through
confusion or deportation.
experienced • 16% requested guidelines for a
how to complete an application, While AB 2845 requires BPH to
difficulties while including whether and how consider expediting applications
filling out the to include attachments to the
involving urgent issues, including
application.
application.” deportation orders, it does
not actually require that these
9applications be expedited. It also not knowing next steps they should
does not provide a clear timeline take. We recommend issuing a
as to how quickly an application notice of a grant or “decline to grant”
involving an urgent issue should be within one year so that applicants
expedited. and their supporters can have set
expectations regarding the process,
We recommend that the Governor’s and can decide whether they should
Office ask BPH to expedite their resubmit their applications at a later
investigation of applications point with additional supporting
involving urgent issues to within materials. For emergency situations
three months of receipt from the as described in #1, we recommend
Governor’s Office, with the flexibility issuing a notice of a grant or “decline
of acting sooner for emergency to grant” within three months, with
situations. We also recommend the flexibility of responding sooner.
that the pardon and commutation
application forms be revised to Not knowing if the Governor’s Office
include a box that applicants can can expedite their application can
check if their application involves cause an extra layer of stress for
an urgent issue and a section for applicants who face imminent
the applicant to explain the urgent deportation. Vanna, a Cambodian
issue and provide a timeline as to community member who faced
when the application will need to deportation, shared his experience
be granted to address this issue. going through the pardon
The form also should include application process: “For nine months,
instructions for attaching supporting I had no idea what was going on, only
documents. To further expedite an that I haven’t received a rejection
application, we recommend that the letter. It was more nerve wracking than
Governor’s Office include an online anything. I was living in limbo.”
“For nine months, portal for those who are able to
submit an application electronically Lastly, per AB 2845, BPH should
I had no idea (see #4 for more details on website notify pardon applicants of their
what was going recommendations). recommendation within one
on, only that I year if the applicant is applying
for a pardon after obtaining a
haven’t received 2. Set a timeline of one year to Certificate of Rehabilitation. We
a rejection letter. issue a decision on pardon and recommend that BPH also issue
It was more nerve commutation applications not recommendations for direct pardon
involving urgent issues and commutation applications
wracking than
within one year.
anything. I was Traditionally, applicants who are not
granted a pardon or commutation
living in limbo but
are not “denied” a grant from
it was not as bad the Governor’s Office; rather,
as the days that led these pending applications are
up to my check-in supposed to be kept on file as they
theoretically can be granted at a
with ICE.” later date. This current process can
—VANNA IN, PARDON
keep applicants waiting indefinitely,
APPLICANT AUGUST 2018
103. Create a Notification Process for 3c. Status Updates
Applicants and their Supporters To streamline information, we
that includes Notification of recommend centralizing updates
Receipt Letter, Filing Number, on a website where applicants and
Status Updates, and Guidelines supporters can obtain updates on
for Supplementing an an application’s status through an
Application online portal using the applicant’s
filing number. We request that status
3a. Notification of Receipt Letter updates provide specific information
In response to our survey, 19% of regarding the application’s progress.
applicants specifically requested For example, instead of listing the
notification that their application status of an application as “pending,”
was received. For example, Billy, a we recommend providing detailed
commutation applicant shared his updates such as whether BPH has
experience that there was a lack of issued a recommendation, whether
communication from the Governor’s an interview has been scheduled,
Office during the application whether an application is pending
process: “It was frustrating. I had no the Governor’s review etc. For
idea if the application was submitted, those currently incarcerated who
or if it was done properly because I cannot access updates online, we
got no response.” recommend periodically mailing
specific updates that match an
Applicants do not know whether or applicant’s online status. All updates
not they should re-submit duplicate should be given within expected
applications, costing extra time timeframes as mentioned in
and unnecessary paperwork for recommendation #2.
all. To address this concern, we
recommend that the Governor’s 3d. Supplementing or Resubmitting
Office mail applicants a notice of an Application
receipt letter within two weeks of We recommend that the Governor’s
receiving an application. Office provide clear instructions if
supplemental materials are needed
3b. Filing Number to make a determination regarding
Only 15% of survey participants an application, or alternatively,
reported receiving a filing if the Governor’s Office would
number. We recommend issuing prefer the applicant to resubmit
filing numbers to all pardon and their application at a later point. If
commutation applicants to better applications are incomplete, the
track the status of each application, Governor’s Office should notify the
assist in correspondences with BPH applicant of missing application
or the Governor’s Office, and for components within one month of the
supporters with incarcerated loved application’s submission.
ones to access updates online (see
next paragraph). We recommend In addition, per recommendation
that the Governor’s Office send #2, if the Governor’s Office issues
applicants their filing number at a “decline to grant” notice for
the same time as the notification of an application, we suggest that
receipt letter. the Governor’s Office notify the
11applicant about the reason for as “exemplary” from the Governor’s
declining. Applicants want to know website, the instructions for the
whether there is anything they can applications, and the application
do to improve their likelihood of forms. This should be replaced with
receiving a pardon or commutation language that focuses on specific
(e.g. if an applicant needs to provide actions such as rehabilitation,
more support letters, program leadership, and community service.
acceptance letters, COR etc.). “Exemplary” is not a standard for
granting pardons and commutations
Importantly, during this time of under California law. Rather,
transition between administrations, pursuant to California Penal Code
Governor Newsom should issue 4852.05, the standard is that,
clear instructions to individuals “[t]he person shall live an honest and
who submitted applications under upright life, shall conduct himself or
Governor Brown, which have not yet herself with sobriety and industry,
been granted, if they need to re- shall exhibit a good moral character,
submit their application to the new and shall conform to and obey
administration or if the previously the laws of the land.” “Exemplary”
submitted application remains language is vague, sets a higher
pending. This notice should be bar than required by law, and can
issued within six months of the new discourage qualified applicants from
administration taking office. applying.
The website should also clarify
4. Revisions to the Website that individuals are eligible for a
and Application commutation, pardon, or a COR
regardless of immigration status
4a. Clarify the Standard
pursuant to AB 2845. Especially
for Granting Pardons and
in emergency situations such
Commutations
deportation, the Governor’s Office
We recommend removing vague
should reduce any barriers for
language describing the standard for
immigrants to apply for a pardon.
granting pardons and commutations
12As mentioned in recommendations 4c. Provide Clear Application
#1 and #2, we suggest that the Guidelines
website and application state the To increase transparency regarding
time frame of issuing a grant or a the pardon and application
“decline to grant” within one year or process, we recommend posting a
3 months for emergency situations. chronology of steps of the pardon
and commutation process on the
4b. Create an Online Portal to Governor’s and BPH’s website.
Submit Applications Applicants and their supporters
To increase efficiency, we describe the process as opaque
recommend that the Governor’s and difficult to navigate, so an
Office allow applications to be explanation of the steps, including
submitted through an online portal interviews and investigations, and
for individuals who are able to the role of BPH and the Governor’s
submit their applications online. Office in each step, can shed
Creating an online portal can more light for applicants and their
also expedite urgent pardon or supporters. To create greater
commutation applications. understanding, include information
about why various avenues exist in
the application process (e.g. what
13programs with whom they have ties.
In particular, we suggest providing
an option to electronically submit
support letters using the applicant’s
filing number.
5. Accessibility
For applicants living with learning
disabilities, we recommend
providing a list of resources for both
inside and outside prison to assist
with the pardon and commutation
process. In addition, we recommend
making the application accessible in
multiple languages.
warrants a BPH investigation ordered
6. Improve Access to Trainings and
by the Governor’s Office). This
Information for Applicants and
chronology should also include the
Their Supporters
notification process and timeframe
stated in recommendations #1, #2,
To streamline information for those
and #3.
in state prison, we recommend that
the Governor’s Office issue timely
Lastly, we recommend providing
approval to community groups
a sample list of documents to
who offer pardon and commutation
demonstrate what applicants can
workshops. Eighty-seven percent
submit to support their application
of participants heard about the
on the website and application.
pardon and application process
Linda, a commutation applicant without access to professional
shared that, “I wanted to include or community resources and did
much more than what was asked for. not learn about the process from
I only answered the questions and the Governor’s Office or BPH.
now wish I had done more.” Community-led workshops can
provide baseline knowledge for all
A sample list could include support applicants, and provide more equity
letters, parole plan, program for applicants who cannot afford
acceptance letters, job offer legal representation.
letters, declaration of remorse and
accountability for crime, and other We also recommend providing a
helpful supporting documents. point of contact at the Governor’s
Office for applicants and their
4d. Support Letters supporters for questions and
We recommend that the Governor’s updates. Applicants and their
Office provide instructions as to supporters have expressed
how the applicant may submit confusion as to who to contact to
support letters from organizations or check the status of applications,
14so combined with making the that were blocked in December 2018.
information available online, having Moreover, because Governor Brown
a designated point of contact will appointed Judge Joshua Groban on
create more transparency in the January 3, 2019, the applications can
pardon and commutation process. now be reconsidered by a full bench.
Borey “PJ” Ai, a Cambodian refugee
7. Resubmit Applications Recently and survey participant, received
Rejected by the Supreme Court, 36,000 signatures in support of
and Advocate for Elimination his pardon application and earned
of California Supreme Court a pardon recommendation from
Review for Clemency Applicants BPH, but became one of the ten
Twice Convicted of a Felony who received a denial from the
California Supreme Court. Like
In December 2018, the California other participants in the survey,
Supreme Court blocked Ai requested more transparency
ten clemency applications in the pardon and commutation
recommended by Governor Brown. process. Because the California’s
This was the first time since 1930 Supreme Court’s role in checking
that the California Supreme Court the Governor’s “abuse of power”
denied applications that the remains vague, and because of the
Governor was inclined to grant. lack of communication about its
At the time of this decision, the decision-making process, we also
California Supreme Court did suggest that the Governor’s Office
“To address not have a full bench of justices. ask for an administrative order from
this concern of Pursuant to Article V, section 8 of the California Supreme Court that
the Supreme the California Constitution, a person explains their historic clemency
with “twice-convicted of a felony”
Court blocking denials from December 2018.
must obtain a recommendation by
the Governor the California Supreme Court in In addition, to address this concern
from pardoning order for the Governor to grant a of the Supreme Court blocking the
individuals and pardon or commutation. According Governor from granting clemency
to an Administrative Order issued to individuals and providing no
providing no on March 28, 2018 issued by the explanation for the basis for their
explanation for California Supreme Court, the decision, we recommend that the
the basis for Court’s role is to check whether a Governor support a ballot measure
Governor’s proposed decision to to eliminate this requirement of
their decision, grant a pardon or commutation Supreme Court review.
we recommend “represents an abuse of power,” and
that the Governor not to determine the merits of a
case. 4 8. Pardon Applications
support a ballot Supported by a COR Should Be
measure to Because the justices did not Presumptively Granted
eliminate this provide clarification regarding the
basis for their decision to deny Currently, pardon applications
requirement of supported by a Certificate of
the ten clemency applications, we
Supreme Court recommend that the Governor’s Rehabilitation (COR) can be sent by
review.” Office resubmit the ten applications the Governor’s Office to the Board
of Parole Hearings for a second
15investigation and recommendation. that the applicant has been fully
However, a second investigation rehabilitated, which makes the
by BPH is not necessary given how applicant a strong candidate for a
rigorous the process is for obtaining pardon. We recommend that the
a COR from a court. To apply for a Governor considering granting
COR, an applicant must meet the pardon applications supported by a
“Pardon and exacting criteria required by CA COR without sending the application
Penal Code §§ 4852.01 to 4852.21. to BPH for a second investigation.
commutation The applicant must wait a minimum
applications period of rehabilitation and have
9. Establish an Independent
are important resided in California for at least five
years. The applicant must also prove Pardon and Commutation
decisions for the Commission
to a court that they “live an honest
Governor’s office to and upright life, shall conduct
Pardon and commutation
make as they affect himself or herself with sobriety and
applications are important decisions
whether people industry, shall exhibit a good moral
for the Governor’s Office to make as
character, and shall conform to
will be deported, and obey the laws of the land.” The
they affect whether people will be
can obtain deported, can obtain employment,
courts may review the trial record, a
can vote if they live in another state,
employment, can probation officer report, prison or jail
and can remove other barriers
records, probation or parole reports,
vote if they live and reports of any law enforcement
to reintegration. They deserve a
in another state, designated commission.
agencies concerning the conduct
and can remove of applicant. The District Attorney
The primary responsibility of
also has the opportunity to conduct
other barriers the Board of Parole Hearings
their own investigation and can
to reintegration. is to conduct parole suitability
provide the court with their
hearings. Investigating and making
They deserve assessment of the applicant’s merits
recommendations on pardons
a designated for a COR. If the court decides to
and commutation applications is a
grant a COR after this thorough
commission.” review process, the court is finding
secondary duty that burdens BPH’s
already limited resources. The
Governor’s Office should establish
a separate and independent pardon
and commutation panel to ensure
that pardon and commutation
applications are prioritized and
investigated. The panel should
review, investigate, and make
recommendations regarding pardon
and commutation applications to
the Governor. The panel should
be made of experts in community-
based reentry services, community-
based risk assessment issues, and
immigration law.
16Conclusion Individuals who have demonstrated
their rehabilitation and commitment
One of the most important powers to our communities should not face
granted to the Governor by the additional barriers to living a life that
California Constitution is the is free from indefinite imprisonment,
ability to change people’s lives by imminent deportation, and/or
granting pardon and commutations barriers to employment. Participants
in recognition that they have in the survey emphasized the need
rehabilitated. However, prior to for more transparency, clarity,
Governor Brown, for decades, accessibility, and efficiency in the
Governors failed to execute this pardon and commutation process.
important responsibility. The
“One of the We urge Governor Newsom to
pardons and commutation process
most important also has not been transparent or adopt these recommendations
powers granted accessible. promptly and thereby honor the path
of redemption and rehabilitation
to the Governor that many current and formerly
With the recent passage of AB 2845,
by the California for the first time in over 70 years in incarcerated individuals have taken
Constitution is the California’s history, initial progressive to contribute to our communities
reform has been made to the pardon and our state.
ability to change
and commutation process. The
people’s lives by Governor’s Office should take this
granting pardon opportunity to not only implement
and commutations AB 2845 to the fullest extent, but
also to take additional innovative
in recognition strides to reform the pardon and
that they have commutation process by adopting
rehabilitated.” these recommendations.
17Appendix 4. How did participants learn 6. Who helped you with the
about the commutation application and how long
Survey Results process? did it take to put application
For each response to the Other incarcerated individuals packet together?
survey question, the number (50), Prison Law Library (14), Completed by self (51), Other
of participants who replied Word of Mouth (13), Outside incarcerated individuals
accordingly is in parentheses Resources or Workshop (6), (15), Friend (9), Professional
following the responses. For Attorney (4), Self-taught (4), (5), Family (3). Of the 66
some responses, applicants BPH (1). participants who responded
replied with more than one to the time it took them to
answer. Some responses 5. Did participants have any complete a commutation
may not add up to the total difficulties getting help with application, it took an average
number of participants due to putting commutation or of two months.
questions that participants left pardon application together?
blank. If “yes” explain why: 7. Were you given a filing
Yes (47). For the responses number for application?
Commutation Survey Results that marked “yes,” No (79), Yes (13).
(93 responses) participants reported
8. For every application
Unclear Guidelines* (24),
1. Where are participants submitted, did your family
Resource Access** (13),
incarcerated? member or person who
Difficulties with Questions
Central California Women’s helped you receive phone
(8), Language Access (1),
Facility (CCWF) (56), California call(s) or updates from BPH or
Fear of Retaliation (1).
Institution for Women (CIW) Governor’s Office?
(27), California State Prison No (36), No but received No (83), Yes (5). Of those that
Solano (3), San Quentin State support (8). marked “yes,” four stated that
Prison (3), California Health a friend or family member had
Care Facility, Stockton (2), *Participants who marked initiated communication with
Pelican Bay State Prison (1), Unclear Guidelines were BPH or the Governor’s Office.
Centinela State Prison (1). not sure about which
attachments to include, 9. Did anyone help you
2. What are the sentences of what was required for the contact BPH and ask for
participants? application, and/or how to status of your application(s)?
Life without the possibility submit the application. If yes, what was the status of
of parole (LWOP) (47), your application(s)?
Indeterminate life sentence **Participants who marked No (72), Yes (19). Of those
(Life) (32), Determinate (11), Resource Access had that marked “no,” four did
Enhancement (1), No response difficulty making copies, not know if BPH/Governor’s
(2). collecting records and Office could be contacted. Of
attachments, and needing those that marked “yes,” one
3. How long have participants outside support to gather all received an updated response.
been incarcerated? of the necessary materials The California Coalition for
Participants have served an for the application. Women Prisoners supported
average of 17 years in prison. this person and they received
a filing number.
1810. What was your application 12a) How long did the 13. Have you received a
process like? interview take? decision on the applications
Difficult (45): extremely Over one hour (13), 50 minutes you submitted?
frustrating, hard, scary, - one hour (6), 30 - 45 minutes No, have not received a
stressful, telling personal (3). decision on application (91).
truth, emotionally draining,
12b) What kind of questions 13a. When was the date you
getting resources/material
were asked during interview? received a decision and how
together, trying to figure out
Nature of the crime (21), was it conveyed to you?
what’s impactful, navigating
Rehabilitation: education, Commutations granted by
how to put application
self-help, prison programs (17), Governor 8/18 and 11/18, both
together, a lot of work to
Childhood/upbringing (17), by phone through Governor’s
do and unsure if doing
Prison behavior write ups (5), legal team (2).
application correctly.
Family/marriage (4), Parole
plans (4), Prior convictions (4), 14. What would applicant like
Confusing (38): confusing,
medical history (4), History of to see with BPH or Governor’s
intensive, frustrating, time
substance abuse (3), Why one Office to make commutation
consuming, not knowing
deserves a commutation and process better especially
status of application, unsure
support received upon parole being incarcerated with very
how to fill out application,
(1). few resources available?
no idea if Governor
Receive a filing number
received application, lack
12c) What was your take away (58), Get update on status
of communication from
from the interview? of application through
Governor’s Office.
Participant felt that mail or website (52), Set
Easy (10): fine, simple investigator had interest in timeline date how long
process: no problems due to what applicant shared (7), commutation should take
being assisted by others with Comfortable with interviewer (40), Better communication
application. Application was and interviewer was a good and transparency in the
simple, to fill out because of listener (7), Felt rushed and commutation process (32),
examples provided at Prison investigator did not spend Notice or letter of receipt
Law Library. enough time with applicant confirming application is
(3). received (18), Set guideline
11. After you submitted the and criteria of a completed
application, did you get an 12d) What did the interviewer application and examples of
interview by BPH? tell you regarding next steps? applications that have been
Total received interviews (27): A report takes 2-3 weeks to granted (15), Applicants with
CIW (18), CCWF (6), Men’s send to the Governor’s Office learning disability and mental
prisons (3). (6), If “denial” letter is not health should get assistance in
received, it is good news applying (5), Receive a notice
12. How long afterward (6), Recorded interview will whether commutation was
was the interview after you be reviewed by others (4), granted or not (5).
submitted the application? Applicants should find housing
8 months - 1 year (9), over 1 and submit acceptance letters
year (8), 1-3 months (5), 4-7 from programs (2).
months (4).
1915. What would your loved ones 16. How can the participant be 2. How long have participants
or person helping you with your supported while waiting on the been incarcerated?
application like to see happen outcome of the application? The average pardon applicant
with BPH to make the pardon Regular updates (50), Other was incarcerated for 13 years.
and commutation process (9), Spiritual and emotional
better? 3. What are the sentences of
support (6), Clear guidelines
participants?
Regular updates (34), Clear (5).
Life (5), Determinate (1), Jail Time
guidelines (12), Representative
Regular updates include (1).
(8), Website (7), Filling number
(5), Emailing support letters (3), having a website, notice
4. When was the most recent
Access to support letters (2). of receipt, status updates,
release date from jail or prison?
timeframes, and whether or
2016 (3), 2011 (1), 2001 (1), 2000
Participants who asked for not new applications should be
(1), 1998 (1).
regular updates requested submitted with a new governor.
a notice of receipt as to
5. Was the applicant detained by
whether or not an application is Clear guidelines include
ICE, and if so how long?
accepted/rejected, with seven resources on criteria and
Yes, all seven pardon applicants
suggestions to put updates on attachments, how to
were held in ICE detention. The
a website, and five suggestions prepare for interviews and
average amount of time spent in
to include a filing number. what to expect after interviews.
ICE detention is 9 months.
Participants who asked for Spiritual and emotional
6. How did participants learn
clearer guidelines requested a support include needing
about the pardon process?
timeframe for the application prayer or family and friends to
Word of mouth (4), Research (2),
process, which attachments be with applicants during the
Attorney (2).
to include, and where to find process of applying
more information. 7. Did participants have any
Other includes creating a
difficulties getting help with
Participants who asked for resource packet for those
putting the pardon application
a representative requested who get interviewed and
together? If “yes” explain why:
a contact person that loved commuted.
ones can call for additional No (4).Those who replied “no”
questions. Pardon Survey Results (seven all had legal and/or community
responses) support.
Participants who asked for
emailing support letters 1. Where were applicants Some difficulty (2). For one
requested this method instead incarcerated? family member, it was difficult
of sending support letters San Quentin State Prison (3), to obtain information while
through physical mail. Solano State Prison (1), Mule their partner was in ICE
Creek State Prison (1), Federal detention; for another, it took
Participants who have been Correctional Institute, Terminal time to understand the pardon
incarcerated for decades may Island (1), East Mesa County Jail process.
have lost touch with loved ones (1).
or supporters and have no Yes (1). Writing the pardon
access to support letters. statement was difficult.
208. Who helped you with the Time Consuming (1), especially Receive a filing number (2).
application and how long did it without any guidance for the first
take to put application packet time, but the application itself Notice or letter of receipt
together? was easy. confirming application is
received (1).
Attorney (6), Completed by self
12. After you submitted the
(1).
application, did you get an Guidelines for when one needs
interview by BPH? to re-submit (1).
Participants took an average of
8 months to finish the pardon No (6), One applicant did not
respond to question. 16. How can the participant be
application, with a median of 3
supported while waiting on the
weeks.
13. Have you received a outcome of the application?
9. Were you given a filing decision on the applications you Transparency (3): being more
number for application? submitted? informed about the process.
No (6), Yes (1). Yes, pardon granted (4), No
decision yet (2), Denied by Community Support (3): having
Supreme Court (1). the larger community contact
10. Did anyone help you
the governor, to fight for
contact BPH and ask for status
14. When was the date you more time before deportation,
of your application(s)? If yes,
received a decision and how to gain more campaign
what was the status of your
was it conveyed to you? awareness, and to add letters
application(s)?
Those who received a grant for of support to applicant’s
Yes (5), No (2). For the those
the pardon application waited supplemental packet.
who answered yes - three had an
attorney or the applicant initiate two months, three months, and
Support for other immigration
first with BPH or Governor’s eight months. The participant
issues (1): getting a work
Office, one received a notice who had their application denied
permit.
that application was on the by the CA Supreme Court
Governor’s desk, and one received this decision after seven
received a notification when the months.
pardon was granted.
15. What would applicant like
11. What was your application to see with BPH or Governor’s
process like? Office to make pardon process
Difficult (3), one applicant stated better, especially being
they needed patience with incarcerated with very few
gathering support letters. Nerve- resources available?
wracking (2) in one case, due to Get update on status of
uncertainty of which part of the application through mail or
deportation defense process to website (4).
focus on (local jurisdictions for
COR or pardon application), and, Set timeline date how long
in the other case, due to being pardon should take (4).
in limbo and not understanding
the process. Easy (1), after Expedite application for those
receiving help with attorneys. facing deportation (2).
21Notes politics/2018/12/26/gov-jerry-
browns-pardons-set-a-record-
1. CDCR Fact Sheet, “Three-Judge for-modern-california-history/,
Panel and California Inmate and Bob Egelko, “Gov. Jerry
Population Reduction,” May 23, Brown sets record for pardons,
2011, available at: https://www. commutations in California,” San
cdcr.ca.gov/News/docs/2011- Francisco Chronicle, Dec. 24,
05-23-Three-Judge-Panel- 2018, available at: https://www.
Background.pdf. sfchronicle.com/politics/article/
Gov-Jerry-Brown-sets-record-for-
2. CDCR Report, “Offender Data pardons-13487741.php.
Points: Offender Demographics
For the 24-month period, ending 4. CA Supreme Court
December 2017,” available Administrative Order,
at: https://sites.cdcr.ca.gov/ “Procedures for Considering
research/wp-content/uploads/ Requests for Recommendations
sites/9/2018/07/Offender-Data- Concerning Applications for
Points-as-of-December-31-2017-1. Pardons or Commutations,”
pdf. March 28, 2018, available
at: https://www.courts.
3. See Ben Christopher, “Gov. ca.gov/documents/admin-
Jerry Brown’s Pardons Set a order_2018-03-28_proc_con_req_
Record for Modern California rec_apps_pardon_commutation.
History,” Times of San Diego, pdf.
Dec. 26, 2018, available at:
https://timesofsandiego.com/
2255 Columbus Avenue
San Francisco, CA 94111
www.advancingjustice-alc.org
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