Commutations of sentence.

The California Constitution allows the Governor, on conditions the Governor deems proper, to grant a reprieve, pardon, and commutation, after sentence, subject to application procedures provided by statute. Existing law allows the Board of Parole Hearings to report to the Governor the names of imprisoned persons who it determines ought to have a commutation of sentence. Existing law requires a person applying for commutation of sentence to serve written notice of the intention to apply for commutation on the appropriate district attorney at least 10 days before the Governor acts on the application for commutation of sentence. Existing law requires the district attorney to make reasonable efforts to notify the victim of the crime and their family. This bill would require the applicant to serve written notice on the district attorney 30 days before the Governor acts upon an application for a commutation of a sentence of death. The bill would require notice of an application for commutation of a sentence of death to be given to a requesting family member of the victim at least 25 days before the Governor acts on the application, as provided. The bill would require the Governor to ensure the victim's family has been provided with notice before acting upon the application. The bill would allow a family member of a victim to request a public hearing before the board regarding the proposed commutation of a sentence of death and would require the board to submit its recommendation to the Governor within 30 days of the hearing. The bill would prohibit a commutation of a sentence of death from taking effect until the board has submitted its recommendation to the Governor or 30 days after the hearing, whichever is earlier.