2009 California Penal Code - Section 4800-4813 :: Chapter 1. Powers And Duties Of Governor

PENAL CODE
SECTION 4800-4813

4800.  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.

4801.  (a) The Board of Prison Terms may report to the Governor,
from time to time, the names of any and all persons imprisoned in any
state prison who, in its judgment, ought to have a commutation of
sentence or be pardoned and 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. For purposes
of this section, "intimate partner battering and its effects" may
include evidence of the nature and effects of physical, emotional, or
mental abuse upon the beliefs, perceptions, or behavior of victims
of domestic violence where it appears the criminal behavior was the
result of that victimization.
   (b) The Board of Prison Terms, in reviewing a prisoner's
suitability for parole pursuant to Section 3041.5, shall consider any
information or evidence that, at the time of the commission of the
crime, the prisoner had experienced intimate partner battering, but
was convicted of the offense prior to the enactment of Section 1107
of the Evidence Code by Chapter 812 of the Statutes of 1991. The
board shall state on the record the information or evidence that it
considered pursuant to this subdivision, and the reasons for the
parole decision. The board shall annually report to the Legislature
and the Governor on the cases the board considered pursuant to this
subdivision during the previous year, including the board's decision
and the findings of its investigations of these cases.

4802.  In the case of a person twice convicted of 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 Board of Prison Terms.

4803.  When an application is made to the Governor for pardon or
commutation of sentence, or when an application has been referred to
the Board of Prison Terms, he or it 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 recommendation for or
against the granting of the same and his reason for such
recommendation.

4804.  At least 10 days before the Governor acts upon an application
for a pardon, written notice of the intention to apply therefor,
signed by the person applying, must be served upon the district
attorney of the county where the conviction was had, and proof, by
affidavit, of the service must be presented to the Governor.

4806.  The provisions of Section 4804 are not applicable:
   1. When there is imminent danger of the death of the person
convicted or imprisoned;
   2. When the term of imprisonment of the applicant is within 10
days of its expiration.

4807.  The Governor must, at the beginning of every session,
communicate to the Legislature in addition to each case of reprieve,
or pardon, as provided in Article V, Section 8, of the Constitution
of California, each commutation, stating the name of the person
convicted, the crime of which he was convicted, the sentence and its
date, the date of the commutation and the reason for granting the
same.

4807.2.  Every application for pardon or commutation of sentence
shall be accompanied by a full statement of any compensation being
paid to any person for procuring or assisting in procuring the pardon
or commutation or the pardon or commutation shall be denied.

4807.3.  Every person who receives or agrees to receive any
compensation or who receives any gift for procuring or assisting in
procuring a pardon or commutation of sentence for any applicant must
file with the Governor a full statement of the amount and character
of such compensation or gift within 10 days of the receipt thereof.
Any failure to file a full statement as required by this section is a
misdemeanor.

4810.  (a) The Board of Prison Terms shall succeed to and shall
exercise and perform all powers and duties granted to and imposed
upon the Advisory Pardon Board by law.
   (b) The Advisory Pardon Board is abolished.
   (c) The report required of the Board of Prison Terms by Section
4814 may be included in the report of the department.

4812.  Upon request of the Governor the Board of Prison Terms shall
investigate and report on all applications for reprieves, pardons and
commutation of sentence and shall make such recommendations to the
Governor with reference thereto as to it may seem advisable. To that
end the board shall examine and consider all applications so referred
and all transcripts of judicial proceedings and all affidavits or
other documents submitted in connection therewith, and shall have
power to employ assistants and take testimony and to examine
witnesses under oath and to do any and all things necessary to make a
full and complete investigation of and concerning all applications
referred to it. Members of the board and its administrative officer
are, and each of them is, hereby authorized to administer oaths.

4813.  In the case of applications of persons twice convicted of a
felony, the Board of Prison Terms, after investigation, shall
transmit its written recommendation upon such application to the
Governor, together with all papers filed in connection with the
application.


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