TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800. - 4906.]

Title 6 added by Stats. 1941, Ch. 106.

§§ 4800–4906 · 48 sections

1. CHAPTER 1. Powers and Duties of Governor §§ 4800–4813 · 14 sections

   • § 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…
   • § 4801 (a) The Board of Parole Hearings may report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its…
   • § 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…
   • § 4802.5 The Governor shall make the application for a pardon and the application for a commutation available on the Governor’s Office Internet Web site and all…
   • § 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 Parole Hearings,…
   • § 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,…
   • § 4805 (a) At least 10 days before the Governor acts upon an application for a commutation of sentence, written notice of the intention to apply therefor, signed by…
   • § 4806 The provisions of Sections 4804 and 4805 are not applicable: (a) When there is imminent danger of the death of the person convicted or imprisoned. (b) When the…
   • § 4807 (a) At the beginning of every regular session of the Legislature, the Governor shall file a written report with the Legislature that shall include each…
   • § 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…
   • § 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…
   • § 4810 (a) The Board of Parole Hearings shall succeed to and shall exercise and perform all powers and duties granted to and imposed upon the Advisory Pardon Board by…
   • § 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…
   • § 4813 In the case of applications of persons twice convicted of a felony, the Board of Parole Hearings, after investigation, shall transmit its written…
2. CHAPTER 3. Duties of Supreme Court §§ 4850–4852 · 3 sections

   • § 4850 An application that has not received a recommendation from the Board of Parole Hearings favorable to the applicant shall not be forwarded to the…
   • § 4851 In all cases where the Board of Parole Hearings has made a recommendation favorable to the applicant and in those cases referred by the Governor,…
   • § 4852 If a majority of the justices recommend that clemency be granted, the Clerk/Executive Officer of the Supreme Court shall transmit the application, together…
3. CHAPTER 3.5. Procedure for Restoration of Rights and Application for Pardon §§ 4852.01–4852.22 · 21 sections

   • § 4852.01 (a) Except as specified in subdivision (b), a person convicted of a felony may file a petition for a certificate of rehabilitation and pardon pursuant to the…
   • § 4852.03 (a) The period of rehabilitation commences upon the discharge of the petitioner from custody due to his or her completion of the term to which he or she was…
   • § 4852.04 Each person who may initiate the proceedings provided for in this chapter shall be entitled to receive counsel and assistance from all rehabilitative agencies,…
   • § 4852.05 The person shall live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit a good moral character, and shall…
   • § 4852.06 After the expiration of the minimum period of rehabilitation a person who has complied with the requirements of Section 4852.05 may file in the superior court…
   • § 4852.07 The petitioner shall give notice of the filing and the time of the hearing of the petition at least 30 days before the date set for the hearing to the district…
   • § 4852.08 During the proceedings upon the petition, the petitioner may be represented by counsel of his or her own selection. If the petitioner does not have counsel, he…
   • § 4852.09 No filing fee nor court fees of any kind shall be required of a petitioner in proceedings under this chapter.
   • § 4852.1 (a) The court in which the petition is filed may require testimony as it deems necessary, and the production, for the use of the court and without expense of…
   • § 4852.11 A peace officer shall report to the court, upon receiving a request as provided in Section 4852.1, all known violations of law committed by the petitioner.…
   • § 4852.12 (a) In a proceeding for the ascertainment and declaration of the fact of rehabilitation under this chapter, the court, upon the filing of the application for…
   • § 4852.13 (a) Except as otherwise provided in subdivision (b), if after hearing, the court finds that the petitioner has demonstrated by his or her course of conduct his…
   • § 4852.14 The clerk of the court shall immediately transmit certified copies of the certificate of rehabilitation to the Governor, to the Board of Parole Hearings and…
   • § 4852.15 Nothing in this chapter shall be construed to abridge or impair the power or authority conferred by law on any officer, board, or tribunal to revoke or suspend…
   • § 4852.16 (a) The certified copy of a certificate of rehabilitation transmitted to the Governor shall constitute an application for a full pardon upon receipt of which…
   • § 4852.17 Whenever a person is issued a certificate of rehabilitation or granted a pardon from the Governor under this chapter, the fact shall be immediately reported to…
   • § 4852.18 The Board of Parole Hearings shall furnish to the clerk of the superior court of each county a set of sample forms for a petition for certificate of…
   • § 4852.19 This chapter shall be construed as providing an additional, but not an exclusive, procedure for the restoration of rights and application for pardon. Nothing…
   • § 4852.2 Every person, other than an individual who is licensed to practice law in the State of California, pursuant to Article 4 (commencing with Section 6060) of…
   • § 4852.21 (a) A person to whom this chapter applies shall, prior to discharge or release on parole or postrelease community supervision from a state prison or other…
   • § 4852.22 Except in a case requiring registration pursuant to Section 290, a trial court hearing an application for a certificate of rehabilitation before the applicable…
4. CHAPTER 4. Effect of Full Pardon §§ 4853–4854 · 2 sections

   • § 4853 In all cases in which a full pardon has been granted by the Governor of this state or will hereafter be granted by the Governor to a person convicted of an…
   • § 4854 In the granting of a pardon to a person, the Governor may provide that the person is entitled to exercise the right to own, possess, and keep any type of…
5. CHAPTER 5. Indemnity for Persons Erroneously Convicted and Pardoned §§ 4900–4906 · 8 sections

   • § 4900 (a) Any person who, having been convicted of any crime against the state amounting to a felony, and imprisoned in the state prison or incarcerated in county… see note
   • § 4901 (a) A claim under Section 4900, accompanied by a statement of the facts constituting the claim, verified in the manner provided for the verification of…
   • § 4902 (a) If the provisions of Section 851.865 or 1485.55 apply in any claim, the California Victim Compensation Board shall, within 90 days of the filing of the…
   • § 4903 (a) Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, the board shall fix a time and place for the hearing of the…
   • § 4904 (a) If the evidence shows that the crime with which the claimant was charged was either not committed at all, or, if committed, was not committed by the… see note
   • § 4904.5 On or before September 1 each year, the California Victim Compensation Board shall submit an annual report to the Joint Legislative Budget Committee on…
   • § 4905 The California Victim Compensation Board is immune from liability for damages, including prejudgment interest, for any decision on a claim under this chapter.…
   • § 4906 The California Victim Compensation Board is hereby authorized to make all needful rules and regulations consistent with the law for the purpose of carrying…