Only the governor can grant a commutation in California, and this form of clemency is only available to individuals currently serving a sentence for a state criminal conviction. Any person convicted of a criminal offense in California is eligible for a commutation, with certain important exceptions.
The affidavit must be submitted to the governor along with the application for commutation. The affidavit must be signed in front of a notary. A list of notaries can be found on the notary public listing on the California Secretary of State’s webpage.
A skilled lawyer can ensure the commutation application provides the detail and support necessary for a successful application, such as an “Advocacy Narrative”. Strict compliance with the procedural aspects of the process are also required, and a lawyer can ensure these requirements are met.
To apply for a commutation for the first time or for the first time in three years: Submit a completed Commutation Application (2 pages) to the Governor’s Office. You may, but are not required to, submit additional information or copies of relevant documents in support of your application, such as letters of support or certificates of achievement.
Commutation InstructionsSubmit the petition to the Office of the Pardon Attorney. ... Federal convictions only. ... Reduction of sentence only. ... Completion of court challenges.A request for a commutation of a prison sentence generally is not accepted unless and until a person has begun serving that sentence.More items...•
How do I apply for commutation of a sentence in California? To obtain a commutation, an applicant must: Notify the district attorney of the county or counties where the applicant was convicted; 7 and. Complete and mail a notarized commutation application to the governor.
Dear Mr. President, Hello.My name is John Doe, and I am writing to you to respectfully request that you consider my petition for a commutation of my sentence. I was convicted of possession of heroin with the intent to distribute 13 years ago, and I am currently serving a sentence of life in prison.
Under Section 19, Article VII of the Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment. Exempted are cases of impeachment or as otherwise provided in the Constitution.
To apply for a commutation for the first time or for the first time in three years:Submit a completed Commutation Application (2 pages) to the Governor's Office. ... Submit a completed Notice of Intent to Apply for Clemency (1 page) to the district attorney in the county of the conviction for your commitment offense; and.More items...
The Board may review the petition of a prisoner for commutation of sentence if the following minimum requirements are met: (a) At least one-third (1/3) of the definite or aggre- gate prison terms; (b) At least one-half (1/2) of the minimum of indeter- minate or aggregate minimum of the indeterminate prison term.
Commutation is a reduction or elimination of a sentence. Individuals who have been convicted of a crime in California may apply to the Governor for a commutation.
Commutation is a form of clemency that reduces the punishment for a crime. It usually takes the form of a reduced ("commuted") prison term, but can also reduce court-ordered fines.
A letter of clemency is just that: a letter asking a court to show mercy on a person convicted of a crime. So keep the main aim of the letter in mind as you write it. Explain carefully why you feel the person you are writing the letter for should be granted mercy. Plan your clemency letter before you write.
The California Constitution gives the Governor the authority to grant executive clemency in the form of a pardon, commutation or reprieve. These clemency grants recognize the applicants' acceptance of responsibility for their conduct and their subsequent efforts in self-development.
Does the President have authority to grant clemency for a state conviction? No. The President's clemency power is conferred by Article II, Section 2, Clause 1 of the Constitution of the United States, which provides: “The President . . .
A commutation is a reduction or elimination of a prisoner's sentence. It does not reverse a finding of guilt or restore civil rights lost as the re...
Anyone convicted of a California criminal offense can have a sentence commuted by the governor (except people who were impeached). Even people sent...
There are no set factors required for commuting a sentence in California. The California constitution confers absolute authority on the governor to...
To obtain a commutation, an applicant must: Notify the district attorney of the county or counties where the applicant was convicted; and Complete...
The governor is not required to grant, or even to consider, an application for a commuted sentence. If the governor decides to act, he or she will...
California law allows the Parole Board to consider whether an inmate was subject to “intimate partner battering and its effects.” These are defined...
There is no fee to apply for commutation of a sentence in California. There may be attorney's fees if the applicant hires a lawyer to assist with g...
The commutation of a sentence is a rare form of clemency. It is usually granted only where it is apparent that someone was guilty of a crime, but t...
As there is no requirement that a governor even consider an application for clemency, it is impossible to state how long the process will take.
Once an application for commutation is granted, the prison and/or parole board, as applicable, will begin implementing the new sentence. The applic...
If you submitted a commutation application to a prior governor and did not receive notice of a commutation grant, your application is deemed closed. If you submitted a commutation application in the last three years and would like Governor Newsom to re-open your prior application and consider it, you may submit a Reapplication for Clemency. To re-apply for a commutation:
Submit a completed Notice of Intent to Apply for Clemency (1 page) to the district attorney in the county of the conviction for your commitment offense; and
People who have been convicted of a crime and are currently serving their sentence in California may apply for a commutation (reduction of sentence).
It is important that you understand each of the steps required in the California commutation process so you can improve your chances of having your application approved by the governor. Generally speaking, the commutation process follows these steps:
If you submitted a commutation application to a previous governor and your application was not granted, you can reapply by submitting a Reapplication for Clemency Form.
When you submit your commutation application to the governor, you will also have to provide other information, including a list of your convictions and the circumstances of the convictions, the reasons you are seeking a commutation, a statement demonstrating why you believe a commutation should be granted, and a statement of any payments you made to anyone else to assist you in obtaining a commutation.
If the governor decides to act on your commutation application, he will refer the application to the California Department of Corrections and Rehabilitation’s Board of Parole Hearings division for investigation. The Parole Board will then recommend to the governor whether the request for commutation should be granted.
With some exceptions, the D.A. must be given 10 days’ notice before the governor can act upon an application for commutation.
What is a Commutation? In criminal law, a commutation is a type of executive clemency, or leniency, which can only be granted by a public official, such as a governor or the president of the United States, and there are certain conditions that must be met in order for a prisoner to be eligible for clemency.
Submit a completed Notice of Intent to Apply for Clemency to the district attorney in the county of the conviction for which you are seeking a commutation
A skilled lawyer can ensure the commutation application provides the detail and support necessary for a successful application , such as an “Advocacy Narrative”. Strict compliance with the procedural aspects of the process are also required, and a lawyer can ensure these requirements are met.
The commutation will also be added to your criminal record.
To apply for a commutation of sentence for the first time, or the first time in a period of three years, you must complete an application and submit it to the Governor’s Office. The form requires a list of all convictions, the circumstances of the offense, a description of your rehabilitation and self-development since being sentenced, insight into the offense, the reason for seeking commutation, and a statement why you believe commutation should be granted. However, from our experience, merely filling out the form may be insufficient to get your sentence commuted.
California is known for its extremely long prison sentences. However, under the California Constitution, Article VV, § 8, an inmate has the right to seek a Commutation of Sentence. If you or a loved one were convicted of a criminal offense in California and you believe the sentence was overly punitive, it is possible to ask for the sentence to be commuted. Commutation is a post-conviction remedy where the Governor has the authority to reduce the sentence of a prisoner, a power which even extends to those sentenced to life imprisonment without parole. This makes it among the most powerful post-conviction remedies.
If you have applied for commutation in the past three years and that application was denied, you can reapply for a commutation by submitting a reapplication for clemency form. Again, if your application for commutation is based on a chronic or terminal illness, you must also submit an authorization to release medical information.
The impact of the commutation on the community, namely whether releasing you early will negatively affect public safety and if the commutation is in the interests of justice. If there was a victim, the extent of harm they suffered will be considered. The Governor will also consider the age and circumstances of the offense, the severity of the offense and sentence, as well as your age at the time of the offense.
Applying for a commutation requires a deep understanding of the law and the process. There is no specific set of factors that the Governor will consider when deciding an application for commutation of sentence. The Governor is not obligated to consider any application for commutation, and there is no specified timeframe for the review and investigation if the application proceeds.
This document is intended to support incarcerated people and advocates in submitting commutation applications to Governor Newsom of California. Former Governor Jerry Brown commuted the sentences of 283 people in California state prisons — a major increase compared to past governors. 52% of people commuted by Brown were serving Life Without Possibility of Parole (LWOP) sentences. In the hopes that Governor Newsom will take a stance against mass incarceration and commute many more people, we offer this guidance for people applying for commutation based on conversations across prison walls.
The R e-application for Commutation and Pardon form asks for your basic information (name , date of birth, etc.). It also asks for contact information, including cell phone numbers, because most people seeking pardons have already been released (with the exception of people in ICE detention). Please skip the phone number and email questions if you are still incarcerated, or write N/A (not applicable). 3
In this box simply list each crime, date of conviction, county of conviction and the sentence you were given. This information is included in your original court documents, if you have access to them. No explanations of any crimes are needed here. List only the crimes for which you are asking for a commutation of sentence. You will be asked about any prior convictions in the next box.
This is where you describe how you’ve changed internally (the ways you think, feel, react to different situations and circumstances), and what you’ve accomplished in prison. This is also an important place to share any factors you believe should be weighed in considering your sentence commutation.
While applying for commutation through the Governor’s Office is not the same as going through the BPH, we recommend that applicants still be careful about how they maintain their innocence. This is in part because staff from the Board of Parole Hearings will be the ones investigating commutation applications that the Governor’s Office selects for review.
All people serving sentences for criminal convictions can apply for a commutation of sentence. This includes people who have been incarcerated for less than 10 years. People with active appeals in the courts can also apply; they just have to mention this in their application. People with prior felony convictions can also apply. See section 7 of this guide for more information if you have a prior conviction (or convictions).
People serving a sentence for a criminal conviction can petition the California Governor to have their sentence reduced or eliminated by applying for a commutation of sentence. Executive Clemency is another term for commutation.
1. Submit the petition to the Office of the Pardon Attorney. To be considered for commutation (reduction) of sentence, an eligible inmate should submit a completed Petition for Commutation of Sentence to the Office of the Pardon Attorney, preferably through the warden in accordance with BOP Program Statement 1330.15.
Exclusive Presidential authority. The power to commute a sentence for a federal offense is vested in the President alone. It is an extraordinary remedy that is very rarely granted. No hearing is held on the commutation application by either the Department of Justice or the White House.
If you are seeking reduction of a period of probation, supervised release, or special parole, you should state that fact specifically on the form and set forth the particular reasons why this portion of your sentence should be reduced, including the reasons why you believe serving probation, supervised release, or special parole would be an unusual hardship for you. In general, applicants seeking commutation of probation, supervised release, or special parole should exhaust the available remedies in the sentencing court or in the U.S. Parole Commission prior to applying for relief from the President, through this office. If you have not exhausted these remedies, you must explain why requesting the sentencing court or the U.S. Parole Commission to grant early termination of a term of supervision, pursuant to 18 U.S.C. § 3583 (e) (1) or former 18 U.S.C. § 4211, is not an adequate remedy. When applying for such relief, and in addition to submitting a petition for commutation of sentence, you are also required to submit an authorization of release of information form so that our office may obtain relevant documentation of the conviction from the United States Probation Office in the district of conviction.
The failure to fully and accurately complete the application form may be construed as a falsification of the petition, which may provide a reason for denying your petition. In addition, the knowing and willful falsification of a document submitted to the government may subject you to criminal punishment, including up to five years' imprisonment and a $250,000 fine. See 18 U.S.C. §§ 1001 and 3571.
In general, applicants seeking commutation of probation, supervised release, or special parole should exhaust the available reme dies in the sentencing court or in the U.S. Parole Commission prior to applying for relief from the President, through this office.
The Office of the Pardon Attorney does not disclose information regarding the nature or results of any investigation that may have been undertaken in a particular case, or the exact point in the clemency process at which a particular petition is pending at a given time.
A request for a commutation of a prison sentence generally is not accepte d unless and until a person has begun serving that sentence. In addition, a commutation request generally is not accepte d from a person who is currently challenging his or her conviction or sentence through appeal or other court proceeding.