2019 California Code
Penal Code - PEN
PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY
TITLE 6 - REPRIEVES, PARDONS AND COMMUTATIONS
CHAPTER 1 - Powers and Duties of Governor
Section 4812.

(a) Upon request of the Governor, the Board of Parole Hearings shall investigate and report on all applications for reprieves, pardons, and commutations of sentence and shall make such recommendations to the Governor with reference thereto as 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.

(b) The board may make recommendations to the Governor at any time regarding applications for pardon or commutation, and the Governor may request investigation into candidates for pardon or commutation at any time.

(c) If a petitioner indicates in the application an urgent need for the pardon or commutation, including, but not limited to, a pending deportation order or deportation proceeding, then the board shall consider expedited review of the application.

(d) The board shall provide electronic or written notification to an applicant after the board receives the application, and when the board has issued a recommendation on the application. Nothing in this section requires the board to notify the applicant as to the reasons for the board’s recommendation, which shall remain confidential.

(e) An applicant is eligible for a pardon, commutation, or certificate of rehabilitation without regard to his or her immigration status.

(Amended by Stats. 2018, Ch. 824, Sec. 4. (AB 2845) Effective January 1, 2019.)