Printer-friendly version
Commutation Transparency Legislationl Sponsored by San Diego County District Attorney
February 17, 2011 (San Diego)--Assemblymember Marty Block (AD-78) today joined with San Diego County District Attorney Bonnie Dumanis and Assemblymember Nathan Fletcher (AD-75) to announce legislation that would provide notification to victims and their families when the Governor considers an application for commutation of a sentence.
In December, outgoing Governor Arnold Schwarzenegger provoked outrage locally when he commuted the sentence of Esteban Nunez, son of a former Assembly Speaker. Nunez pled guilty to involuntary manslaughter in the near-fatal stabbing of Louis Don Santos, 22, near San Diego State University.
AB 648 would provide opportunity for the district attorney, victims and their families to recommend in favor or against a commutation or pardon, to ensure that the Governor has all the information available before making a decision.
“The Governor’s long-standing authority to perform acts of commutation is a constitutional prerogative that should be maintained, yet it is reasonable for the process to include certain notification to the parties involved. AB 648 brings transparency to the process by informing the district attorney, victims and their families of the potential change in sentencing, and gives them the opportunity to support or oppose the application,” said Assemblymember Block.
He added, “When decisions are made that affect victims, it is unacceptable when they or their families find out by reading it in the news. This legislation takes a simple and straightforward approach to ensuring that everyone involved can voice their opinion before a decision is made, and makes sure the Governor has all the information available to him or her when exercising their constitutional authority to commute or pardon a sentence.”
The California Constitution authorizes the Governor to grant reprieves, pardons or commutations, but current law does not provide for notice to victims or a chance for them to be heard during the consideration of an application for commutation or even pardon.
To remedy that AB 648 would require that the applicant of a commutation notify the district attorney of the county where the conviction occurred of their intent to apply for a commutation, 30 days before the Governor acts. Current law only requires the district attorney to be notified in the case of a pardon.
The bill is sponsored by San Diego County District Attorney Bonnie Dumanis.
“When the governor is making a serious decision about shortening a convicted criminal’s prison term, we believe victims and prosecutors should absolutely be part of that process,” said District Attorney Dumanis. “Last-minute commutations like the one made recently, without all the facts or input from the parties, only fuel the public’s mistrust of government and greatly diminish justice.”
The bill would also authorize the district attorney to submit a written recommendation to the Governor for or against pardon or commutation of sentence. The bill would further require the district attorney to notify the victim of the crime and their family, to allow those individuals to submit a recommendation to the Governor for or against pardon or commutation of sentence.
AB 648 is jointly authored by Assemblymember Nathan Fletcher (AD-75).
“This legislation is about protecting victims’ and their families and ensuring law enforcement perspectives and concerns are addressed,” stated Assemblymember Fletcher. “A pardon or commutation is a power exercised exclusively by a Governor. However, we need to put in place proper checks and balances to ensure abuses of power like the recent one is stopped.”
Existing law also requires the Governor to communicate to the Legislature on each case of reprieve, pardon or commutation and include specific information in that communication. AB 648 requires the Governor to file a written report with the Legislature and include the application for each reprieve, pardon or commutation received by the Governor, or his or her predecessor in office, and would require that the report be available to the public.
AB 648 requires a majority vote by both the Assembly and the Senate.
Recent comments