Improving the and Commutation Process

Policy Recommendations for Governor

MARCH 2019

About Asian Americans Advancing • Immigrant Legal Resource Center Justice - Asian Law Caucus • Legal Services for Prisoners with Founded in 1972, Asian Americans Children Advancing Justice – Asian Law • PICO Caucus (Advancing Justice - ALC) is the nation’s first legal and civil rights • Southeast Asia Resource Action organization serving the low-income Center Asian Pacific American communities. Advancing Justice – ALC focuses • Root and Rebound on criminal justice reform, housing • Youth Justice Coalition rights, immigration and immigrants’ rights, labor and employment issues, This memo was authored by: immigrant youth advocacy (ASPIRE), voting rights, and national security • Ny Nourn - Yuri Kochiyama and civil rights. Fellow, Advancing Justice - ALC Since the vast majority of Asians and Pacific Islanders in America are • Sarah Lee - Community Advocate, immigrants and refugees, Advancing Advancing Justice - ALC Justice – ALC strives to create informed and educated communities • Angela Chan - Policy Director and empowered to assert their rights Senior Staff Attorney, Advancing and to participate actively in Justice - ALC American society. This perspective is reflected in our broad strategy which Thank you to the following editors: integrates the provision of legal services, educational programs, • Carol Strickman - Senior Staff community organizing initiatives and Attorney, Legal Services for advocacy. Prisoners with Children

Prepared by Asian Americans • Colby Lenz - Community Organizer, California Coalition Advancing Justice - Asian Law For Women Prisoners Caucus on behalf of the Pardon and Commutation Reform Coalition: • Eva DeLair - Associate Director, Northern CA Programs & Policy • Asian Americans Advancing Reform, Root and Rebound Justice – California • Emily Harris - Senior Campaigner, • Asian Prisoner Support Ella Baker Center for Human Committee Rights

• California Coalition for Women • Saira Hussain - Staff Attorney, Prisoners Asian Americans Advancing Justice - ALC • Coalition for Humane Immigrant Rights • Rose Cahn - Criminal and Immigrant Justice Attorney, • Council on American - Islamic Immigrant Legal Resource Center Relations

3 applicants and drawing from our experiences serving directly- impacted community members seeking and commutations, we provide recommendations for building on these initial reforms to further improve California’s pardon and commutation process.

In this memo we provide background information on the pardon and commutation process, a summary of AB 2845, and an analysis of major trends in the survey results. We also provide the following recommendations for this new administration to consider adopting: Executive Summary

After passing AB 2845 in September 1. Add a section in the pardon and 2018, the state of California adopted commutation applications that its first progressive pardon and allows the applicant to explain commutation reform since 1943. if there are urgent issues This year the Governor’s Office and involved, such as deportation the Board of Hearings (BPH) orders, and require that BPH have the important responsibility expedite these applications. of implementing this new law and The Governor’s Office should ask can choose to take additional BPH to expedite their investigation steps to significantly improve the of these applications within transparency and accessibility of the three months of receipt from the pardon and commutation process. “As nonprofit Governor’s Office, with the flexibility of acting sooner for emergency organizations As nonprofit organizations working alongside directly-impacted situations. working alongside community members to advance directly-impacted criminal justice reform, we write 2. Issue a decision regarding this report to share our policy community pardon and commutation recommendations for implementing members to applications within one year AB 2845. While implementing AB of receipt of the application, advance criminal 2845 is an important first step or sooner if the application to improving the pardon and justice reform, we involves an urgent issue. write this report to commutation process, further reform is needed to ensure that these vital share our policy The Governor’s Office should avenues for relief are truly accessible provide a clear time frame for when recommendations and transparent. Based on gathering a decision will be issued to increase for implementing and analyzing 100 survey results transparency for applicants and their from pardon and commutation AB 2845.” families. 4 3. Create a notification process 6. Ask CDCR to approve trainings for applicants and their in a timely manner regarding supporters that includes the pardon and commutation providing notification of receipt process from community of the application, a filing groups. number, status updates, and guidelines for supplementing or It can be challenging for community resubmitting an application. groups to get access to a state to provide trainings. This A key request from survey process should be streamlined, participants was that the Governor’s especially for trainings on applying Office provide notification at for clemency and commutations. each step of the clemency and commutation application process to increase transparency so 7. Advocate for elimination of that applicants are not waiting California Supreme Court indefinitely for a response. This Review for clemency applicants reform could be implemented twice convicted of a felony, and through updating the Governor’s resubmit applications recently website to allow applicants to rejected by the Supreme Court. submit an application through an The Supreme Court’s recent online portal and for supporters and decisions in December 2018 applicants to check the status of an blocking the Governor from granting application. clemency for ten individuals while providing no explanation for 4. Allow support letters to be their decision raises concerns of electronically submitted using transparency and interference with the applicant’s filing number. the Governor’s clemency powers.

We recommend that the application We recommend that the Governor’s instructions inform applicants that Office promptly resubmit these they may submit support letters applications, and ask for an from organizations or programs, as administrative order from the well as from their family, friends, and California Supreme Court that community members. explains their prior rare decision to reject grants for these applications. We also recommend that the 5. Designate a point person as Governor support a ballot measure a resource for applicants and to amend the California Constitution their supporters. to remove this requirement of Supreme Court review. Survey participants expressed that it’s often unclear who they should contact in the Governor’s Office with questions or to ask for updates. This can be addressed through designating a clear point person.

5 8. Adopt a policy of presumptively the constitutional standard of care granting pardon applications for the prison population and ruled supported by a Certificate of for the state to comply by reducing Rehabilitation (COR). its prison population from 181 percent to 137.5 percent of design Individuals who are able to obtain capacity within two years.1 a COR from a court must go through a rigorous review process. As of December 2017, of the 130,263 Applications for a pardon supported people incarcerated in state , by a COR should be granted by 5,119 are sentenced to Life Without the Governor without a second the Possibility of Parole (LWOP) and investigation by the Board of Parole 27,431 are sentenced to Life.2 People Hearings. serving LWOP and Life sentences spend decades in prison, and after exhausting all state appeals, rely 9. Establish an Independent on clemency as their main form of Pardon and Commutation relief. Pardons and commutations Commission. are key avenues for the to recognize the harm An independent panel should be caused by the mass incarceration established to ensure that pardon crisis and to underscore the value of and commutation applications are redemption and rehabilitation. prioritized and investigated. Pardon and commutation applications In California, individuals who were are important decisions for the convicted of a crime and can show Governor’s Office to make as they they have rehabilitated may apply affect whether people will be for a gubernatorial commutation or deported, can obtain employment, pardon. A commutation reduces a can vote if they live in another state, post-. A pardon and can remove other barriers restores specified rights, such as to reintegration. Pardons and the ability to obtain a professional commutations deserve a designated license. A pardon may also allow commission. for an immigrant to reopen their deportation case if the order was based on the state criminal Background on pardons conviction. and commutations in California Currently, the Governor may forward applications for pardons and From the 1980’s to the 2000’s, commutations to the Board of Parole misguided “tough on crime” policies Hearings (BPH) to review and make spurred a prison boom in California recommendations. The Governor that led to an almost tripling of the retains exclusive authority to grant number of state prisons from 12 pardons and commutations; and to 33. California’s prisons became the Legislature can establish the overcrowded and rife with inhumane clemency application process. conditions. In 2011, the Supreme Court held that the state fell below

6 Summary of AB 2845

Governor Brown’s legacy in addressing mass incarceration and deportation in California went beyond granting a record number of pardons and commutations. On September 27, 2018, Governor Brown signed AB 2845 into law to begin reforming California’s pardon and commutation process. Effective January 1, 2019, AB 2845 takes initial steps to increase the transparency and accessibility of the pardon and commutation process in the following ways:

• Establishes a one-year timeline for the Board of Parole Hearings (BPH) to review and issue recommendations on pardon applications supported by a Certificate of Rehabilitation (COR), which is a court order declaring that a person convicted of a crime is rehabilitated.

• Requires BPH to consider expediting their review of urgent pardon and commutation applications, such as when an applicant is facing deportation.

• Requires BPH to notify applicants when they receive a pardon or commutation application, and when they issue a recommendation to the Governor.

• Allows for individuals to apply for a COR in the county where they reside or where they were convicted.

• Makes COR applications available on county court websites.

• Clarifies that individuals are eligible for a commutation, pardon, or a COR regardless of immigration status.

• Makes pardon and commutation applications available on the Governor’s website.

• Expands “Ban the Box” employment protections to ensure that when conducting a background check in connection with an application for employment, an employer may not consider that have been pardoned or received a COR.

AB 2845 was co-sponsored by a coalition of community-based organizations with expertise in criminal justice reform and immigrant rights: Asian Americans Advancing Justice – California, Asian Prisoner Support Committee, California Coalition for Women Prisoners, Coalition for Humane Immigrant Rights, Council on American - Islamic Relations, Immigrant Legal Resource Center, Legal Services for Prisoners with Children, PICO California, Southeast Asia Resource Action Center, Root and Rebound, and Youth Justice Coalition.

7 Despite the urgent need for applicants. These responses pardons and commutations in included four responses from family many deserving cases, there is little members of applicants. transparency around the review process. Individuals who apply for Ninety commutation applicants a pardon or commutation do not and three family members of receive notice if the application was commutation applicants responded received, if it is being reviewed, and to the survey by mail in December if/when a decision is made. 2018. Six California pardon applicants, and one family member Prior to passage of AB 2845, there of a pardon applicant responded also was no statutory requirements to the survey online between for how long the BPH had to review December 2018-January 2019. All and issue recommendations to pardon applicants are immigrants the Governor on commutation who also faced immigration and pardon applications. In many detention after serving time cases, individuals who submit in prison or jail. See Appendix to find pardon or commutation applications all survey results. never hear back from BPH or the Governor’s Office after submitting Major Trends their applications. Profile of Commutation and Pardon Participants In addition to the lack of transparency, very few applications • The average number of years participants have been have been granted in California over incarcerated is 16.2 years. the past several decades. From 1991 to 2010, three California governors Experience with the Pardon and granted a total of just 28 pardons Commutation Process and 14 commutations. Governor changed this trend in • 87% of participants and their his last two terms by prioritizing supporters first heard about using his pardon and commutation the pardon and commutation power, and granting 1,332 pardons process through word of mouth, other incarcerated people, or and 283 commutations, including through researching on their a significant number of immigrants own. 12% heard about the pardon who were seeking pardons to stop and commutation process their deportation. 3 through outside resources “Despite the urgent such as an attorney, clergy, or need for pardons community based organizations. Survey Analysis and commutations • 1% of participants heard about the pardon and commutation in many deserving Methodology process directly from the Board cases, there is To better understand how to of Parole Hearings at a workshop. little transparency implement AB 2845 and improve the pardon and commutation process, • 85% of participants did not around the review we collected 100 survey responses receive a filing number after they process.” from pardon and commutation submitted their application.

8 • 5% requested assistance for those living with learning disability, or for English language learners.

Recommendations for Improving the Pardon and Commutation Process

Our analysis of the survey results and our experience serving low- income incarcerated and formerly incarcerated community members provide the basis for the following recommendations. “Participants” refers to participation in the • 76% of participants expressed survey, and “applicants” refers confusion or experienced to participation in the pardon or difficulties while filling out the application. commutation process.

• 52% of participants completed their pardon or commutation 1. Create a process for flagging application pro se (on their own applications involving urgent without an attorney). Issues, such as deportation orders, and expedite these Recommendations to improve the applications Pardon and Commutation Process The Trump administration’s intense • 60% requested a filing number. focus on ramping up immigration arrests has resulted in more • 56% requested a way to receive status updates. immigrants seeking pardons to obtain potential relief from • 44% requested a timeframe for deportation. Immigrants who have when applicants can expect to served their sentence, rehabilitated, hear about the final status of and earned release face the risk their pardon or commutation “76% of of being detained by Immigration application. participants and Customs Enforcement and expressed • 19% requested a notice of receipt permanently separated from their letter. families and communities through confusion or deportation. experienced • 16% requested guidelines for a how to complete an application, difficulties while While AB 2845 requires BPH to including whether and how consider expediting applications to include attachments to the filling out the involving urgent issues, including application. application.” deportation orders, it does not actually require that these

9 applications be expedited. It also not knowing next steps they should does not provide a clear timeline take. We recommend issuing a as to how quickly an application notice of a grant or “decline to grant” involving an urgent issue should be within one year so that applicants expedited. and their supporters can have set expectations regarding the process, We recommend that the Governor’s and can decide whether they should Office ask BPH to expedite their resubmit their applications at a later investigation of applications point with additional supporting involving urgent issues to within materials. For emergency situations three months of receipt from the as described in #1, we recommend Governor’s Office, with the flexibility issuing a notice of a grant or “decline of acting sooner for emergency to grant” within three months, with situations. We also recommend the flexibility of responding sooner. that the pardon and commutation application forms be revised to Not knowing if the Governor’s Office include a box that applicants can can expedite their application can check if their application involves cause an extra layer of stress for an urgent issue and a section for applicants who face imminent the applicant to explain the urgent deportation. Vanna, a Cambodian issue and provide a timeline as to community member who faced when the application will need to deportation, shared his experience be granted to address this issue. going through the pardon The form also should include application process: “For nine months, instructions for attaching supporting I had no idea what was going on, only documents. To further expedite an that I haven’t received a rejection application, we recommend that the letter. It was more nerve wracking than Governor’s Office include an online anything. I was living in limbo.” “For nine months, portal for those who are able to submit an application electronically Lastly, per AB 2845, BPH should I had no idea (see #4 for more details on website notify pardon applicants of their what was going recommendations). recommendation within one on, only that I year if the applicant is applying for a pardon after obtaining a haven’t received 2. Set a timeline of one year to Certificate of Rehabilitation. We a rejection letter. issue a decision on pardon and recommend that BPH also issue It was more nerve commutation applications not recommendations for direct pardon involving urgent issues wracking than and commutation applications within one year. anything. I was Traditionally, applicants who are not living in limbo but granted a pardon or commutation are not “denied” a grant from it was not as bad the Governor’s Office; rather, as the days that led these pending applications are up to my check-in supposed to be kept on file as they theoretically can be granted at a with ICE.” later date. This current process can keep applicants waiting indefinitely, —VANNA IN, PARDON APPLICANT AUGUST 2018 10 3. Create a Notification Process for 3c. Status Updates Applicants and their Supporters To streamline information, we that includes Notification of recommend centralizing updates Receipt Letter, Filing Number, on a website where applicants and Status Updates, and Guidelines supporters can obtain updates on for Supplementing an an application’s status through an Application online portal using the applicant’s filing number. We request that status 3a. Notification of Receipt Letter updates provide specific information In response to our survey, 19% of regarding the application’s progress. applicants specifically requested For example, instead of listing the notification that their application status of an application as “pending,” was received. For example, Billy, a we recommend providing detailed commutation applicant shared his updates such as whether BPH has experience that there was a lack of issued a recommendation, whether communication from the Governor’s an interview has been scheduled, Office during the application whether an application is pending process: “It was frustrating. I had no the Governor’s review etc. For idea if the application was submitted, those currently incarcerated who or if it was done properly because I cannot access updates online, we got no response.” recommend periodically mailing specific updates that match an Applicants do not know whether or applicant’s online status. All updates not they should re-submit duplicate should be given within expected applications, costing extra time timeframes as mentioned in and unnecessary paperwork for recommendation #2. all. To address this concern, we recommend that the Governor’s 3d. Supplementing or Resubmitting Office mail applicants a notice of an Application receipt letter within two weeks of We recommend that the Governor’s receiving an application. Office provide clear instructions if supplemental materials are needed 3b. Filing Number to make a determination regarding Only 15% of survey participants an application, or alternatively, reported receiving a filing if the Governor’s Office would number. We recommend issuing prefer the applicant to resubmit filing numbers to all pardon and their application at a later point. If commutation applicants to better applications are incomplete, the track the status of each application, Governor’s Office should notify the assist in correspondences with BPH applicant of missing application or the Governor’s Office, and for components within one month of the supporters with incarcerated loved application’s submission. ones to access updates online (see next paragraph). We recommend In addition, per recommendation that the Governor’s Office send #2, if the Governor’s Office issues applicants their filing number at a “decline to grant” notice for the same time as the notification of an application, we suggest that receipt letter. the Governor’s Office notify the

11 applicant about the reason for as “exemplary” from the Governor’s declining. Applicants want to know website, the instructions for the whether there is anything they can applications, and the application do to improve their likelihood of forms. This should be replaced with receiving a pardon or commutation language that focuses on specific (e.g. if an applicant needs to provide actions such as rehabilitation, more support letters, program leadership, and community service. acceptance letters, COR etc.). “Exemplary” is not a standard for granting pardons and commutations Importantly, during this time of under California law. Rather, transition between administrations, pursuant to California Penal Code Governor Newsom should issue 4852.05, the standard is that, clear instructions to individuals “[t]he person shall live an honest and who submitted applications under upright life, shall conduct himself or Governor Brown, which have not yet herself with sobriety and industry, been granted, if they need to re- shall exhibit a good moral character, submit their application to the new and shall conform to and obey administration or if the previously the laws of the land.” “Exemplary” submitted application remains language is vague, sets a higher pending. This notice should be bar than required by law, and can issued within six months of the new discourage qualified applicants from administration taking office. applying.

The website should also clarify 4. Revisions to the Website that individuals are eligible for a and Application commutation, pardon, or a COR regardless of immigration status 4a. Clarify the Standard pursuant to AB 2845. Especially for Granting Pardons and in emergency situations such Commutations deportation, the Governor’s Office We recommend removing vague should reduce any barriers for language describing the standard for immigrants to apply for a pardon. granting pardons and commutations

12 As mentioned in recommendations 4c. Provide Clear Application #1 and #2, we suggest that the Guidelines website and application state the To increase transparency regarding time frame of issuing a grant or a the pardon and application “decline to grant” within one year or process, we recommend posting a 3 months for emergency situations. chronology of steps of the pardon and commutation process on the 4b. Create an Online Portal to Governor’s and BPH’s website. Submit Applications Applicants and their supporters To increase efficiency, we describe the process as opaque recommend that the Governor’s and difficult to navigate, so an Office allow applications to be explanation of the steps, including submitted through an online portal interviews and investigations, and for individuals who are able to the role of BPH and the Governor’s submit their applications online. Office in each step, can shed Creating an online portal can more light for applicants and their also expedite urgent pardon or supporters. To create greater commutation applications. understanding, include information about why various avenues exist in the application process (e.g. what

13 programs with whom they have ties. In particular, we suggest providing an option to electronically submit support letters using the applicant’s filing number.

5. Accessibility

For applicants living with learning disabilities, we recommend providing a list of resources for both inside and outside prison to assist with the pardon and commutation process. In addition, we recommend making the application accessible in multiple languages.

warrants a BPH investigation ordered 6. Improve Access to Trainings and by the Governor’s Office). This Information for Applicants and chronology should also include the Their Supporters notification process and timeframe stated in recommendations #1, #2, To streamline information for those and #3. in state prison, we recommend that the Governor’s Office issue timely Lastly, we recommend providing approval to community groups a sample list of documents to who offer pardon and commutation demonstrate what applicants can workshops. Eighty-seven percent submit to support their application of participants heard about the on the website and application. pardon and application process Linda, a commutation applicant without access to professional shared that, “I wanted to include or community resources and did much more than what was asked for. not learn about the process from I only answered the questions and the Governor’s Office or BPH. now wish I had done more.” Community-led workshops can provide baseline knowledge for all A sample list could include support applicants, and provide more equity letters, parole plan, program for applicants who cannot afford acceptance letters, job offer legal representation. letters, declaration of remorse and accountability for crime, and other We also recommend providing a helpful supporting documents. point of contact at the Governor’s Office for applicants and their 4d. Support Letters supporters for questions and We recommend that the Governor’s updates. Applicants and their Office provide instructions as to supporters have expressed how the applicant may submit confusion as to who to contact to support letters from organizations or check the status of applications,

14 so combined with making the that were blocked in December 2018. information available online, having Moreover, because Governor Brown a designated point of contact will appointed Judge Joshua Groban on create more transparency in the January 3, 2019, the applications can pardon and commutation process. now be reconsidered by a full bench.

Borey “PJ” Ai, a Cambodian refugee 7. Resubmit Applications Recently and survey participant, received Rejected by the Supreme Court, 36,000 signatures in support of and Advocate for Elimination his pardon application and earned of California Supreme Court a pardon recommendation from Review for Clemency Applicants BPH, but became one of the ten Twice Convicted of a Felony who received a denial from the California Supreme Court. Like In December 2018, the California other participants in the survey, Supreme Court blocked Ai requested more transparency ten clemency applications in the pardon and commutation recommended by Governor Brown. process. Because the California’s This was the first time since 1930 Supreme Court’s role in checking that the California Supreme Court the Governor’s “abuse of power” denied applications that the remains vague, and because of the Governor was inclined to grant. lack of communication about its At the time of this decision, the decision-making process, we also California Supreme Court did “To address suggest that the Governor’s Office not have a full bench of justices. ask for an administrative order from this concern of Pursuant to Article V, section 8 of the California Supreme Court that the Supreme the California Constitution, a person explains their historic clemency Court blocking with “twice-convicted of a felony” denials from December 2018. must obtain a recommendation by the Governor the California Supreme Court in In addition, to address this concern from pardoning order for the Governor to grant a of the Supreme Court blocking the individuals and pardon or commutation. According Governor from granting clemency to an Administrative Order issued providing no to individuals and providing no on March 28, 2018 issued by the explanation for the basis for their explanation for California Supreme Court, the decision, we recommend that the the basis for Court’s role is to check whether a Governor support a ballot measure Governor’s proposed decision to their decision, to eliminate this requirement of grant a pardon or commutation Supreme Court review. we recommend “represents an abuse of power,” and that the Governor not to determine the merits of a 4 8. Pardon Applications support a ballot case. Supported by a COR Should Be measure to Because the justices did not Presumptively Granted eliminate this provide clarification regarding the Currently, pardon applications requirement of basis for their decision to deny the ten clemency applications, we supported by a Certificate of Supreme Court recommend that the Governor’s Rehabilitation (COR) can be sent by review.” Office resubmit the ten applications the Governor’s Office to the Board of Parole Hearings for a second

15 investigation and recommendation. that the applicant has been fully However, a second investigation rehabilitated, which makes the by BPH is not necessary given how applicant a strong candidate for a rigorous the process is for obtaining pardon. We recommend that the a COR from a court. To apply for a Governor considering granting COR, an applicant must meet the pardon applications supported by a “Pardon and exacting criteria required by CA COR without sending the application Penal Code §§ 4852.01 to 4852.21. to BPH for a second investigation. commutation The applicant must wait a minimum applications period of rehabilitation and have are important resided in California for at least five 9. Establish an Independent Pardon and Commutation decisions for the years. The applicant must also prove to a court that they “live an honest Commission Governor’s office to and upright life, shall conduct Pardon and commutation make as they affect himself or herself with sobriety and applications are important decisions industry, shall exhibit a good moral whether people for the Governor’s Office to make as character, and shall conform to they affect whether people will be will be deported, and obey the laws of the land.” The deported, can obtain employment, can obtain courts may review the record, a can vote if they live in another state, officer report, prison or jail employment, can and can remove other barriers records, probation or parole reports, vote if they live to reintegration. They deserve a and reports of any law enforcement designated commission. in another state, agencies concerning the conduct of applicant. The District Attorney and can remove The primary responsibility of also has the opportunity to conduct other barriers the Board of Parole Hearings their own investigation and can is to conduct parole suitability to reintegration. provide the court with their hearings. Investigating and making They deserve assessment of the applicant’s merits recommendations on pardons for a COR. If the court decides to a designated and commutation applications is a grant a COR after this thorough secondary duty that burdens BPH’s commission.” review process, the court is finding already limited resources. The Governor’s Office should establish a separate and independent pardon and commutation panel to ensure that pardon and commutation applications are prioritized and investigated. The panel should review, investigate, and make recommendations regarding pardon and commutation applications to the Governor. The panel should be made of experts in community- based reentry services, community- based risk assessment issues, and immigration law.

16 Conclusion Individuals who have demonstrated their rehabilitation and commitment One of the most important powers to our communities should not face granted to the Governor by the additional barriers to living a life that California Constitution is the is free from indefinite , ability to change people’s lives by imminent deportation, and/or granting pardon and commutations barriers to employment. Participants in recognition that they have in the survey emphasized the need rehabilitated. However, prior to for more transparency, clarity, Governor Brown, for decades, accessibility, and efficiency in the Governors failed to execute this pardon and commutation process. “One of the important responsibility. The pardons and commutation process We urge Governor Newsom to most important also has not been transparent or adopt these recommendations powers granted accessible. promptly and thereby honor the path of redemption and rehabilitation to the Governor With the recent passage of AB 2845, that many current and formerly by the California for the first time in over 70 years in incarcerated individuals have taken Constitution is the California’s history, initial progressive to contribute to our communities ability to change reform has been made to the pardon and our state. and commutation process. The people’s lives by Governor’s Office should take this granting pardon opportunity to not only implement and commutations AB 2845 to the fullest extent, but also to take additional innovative in recognition strides to reform the pardon and that they have commutation process by adopting rehabilitated.” these recommendations.

17 Appendix 4. How did participants learn 6. Who helped you with the about the commutation application and how long Survey Results process? did it take to put application For each response to the Other incarcerated individuals packet together? survey question, the number (50), Prison Law Library (14), Completed by self (51), Other of participants who replied Word of Mouth (13), Outside incarcerated individuals accordingly is in parentheses Resources or Workshop (6), (15), Friend (9), Professional following the responses. For Attorney (4), Self-taught (4), (5), Family (3). Of the 66 some responses, applicants BPH (1). participants who responded replied with more than one to the time it took them to answer. Some responses 5. Did participants have any complete a commutation may not add up to the total difficulties getting help with application, it took an average number of participants due to putting commutation or of two months. questions that participants left pardon application together? blank. If “yes” explain why: 7. Were you given a filing Yes (47). For the responses number for application? Commutation Survey Results that marked “yes,” No (79), Yes (13). (93 responses) participants reported 8. For every application Unclear Guidelines* (24), submitted, did your family 1. Where are participants Resource Access** (13), member or person who incarcerated? Difficulties with Questions helped you receive phone Central California Women’s (8), Language Access (1), call(s) or updates from BPH or Facility (CCWF) (56), California Fear of Retaliation (1). Institution for Women (CIW) Governor’s Office? (27), California State Prison No (36), No but received No (83), Yes (5). Of those that Solano (3), San Quentin State support (8). marked “yes,” four stated that Prison (3), California Health a friend or family member had Care Facility, Stockton (2), *Participants who marked initiated communication with Pelican Bay State Prison (1), Unclear Guidelines were BPH or the Governor’s Office. Centinela State Prison (1). not sure about which attachments to include, 9. Did anyone help you 2. What are the sentences of what was required for the contact BPH and ask for participants? application, and/or how to status of your application(s)? Life without the possibility submit the application. If yes, what was the status of of parole (LWOP) (47), your application(s)? Indeterminate life sentence **Participants who marked No (72), Yes (19). Of those (Life) (32), Determinate (11), Resource Access had that marked “no,” four did Enhancement (1), No response difficulty making copies, not know if BPH/Governor’s (2). collecting records and Office could be contacted. Of attachments, and needing those that marked “yes,” one 3. How long have participants outside support to gather all received an updated response. been incarcerated? of the necessary materials The California Coalition for Participants have served an for the application. Women Prisoners supported average of 17 years in prison. this person and they received a filing number.

18 10. What was your application 12a) How long did the 13. Have you received a process like? interview take? decision on the applications Difficult (45):extremely Over one hour (13), 50 minutes you submitted? frustrating, hard, scary, - one hour (6), 30 - 45 minutes No, have not received a stressful, telling personal (3). decision on application (91). truth, emotionally draining, 12b) What kind of questions 13a. When was the date you getting resources/material were asked during interview? received a decision and how together, trying to figure out Nature of the crime (21), was it conveyed to you? what’s impactful, navigating Rehabilitation: education, Commutations granted by how to put application self-help, prison programs (17), Governor 8/18 and 11/18, both together, a lot of work to Childhood/upbringing (17), by phone through Governor’s do and unsure if doing Prison behavior write ups (5), legal team (2). application correctly. Family/marriage (4), Parole 14. What would applicant like Confusing (38): confusing, plans (4), Prior convictions (4), to see with BPH or Governor’s intensive, frustrating, time medical history (4), History of Office to make commutation consuming, not knowing substance abuse (3), Why one process better especially status of application, unsure deserves a commutation and being incarcerated with very how to fill out application, support received upon parole few resources available? no idea if Governor (1). Receive a filing number received application, lack 12c) What was your take away (58), Get update on status of communication from from the interview? of application through Governor’s Office. Participant felt that mail or website (52), Set Easy (10): fine, simple investigator had interest in timeline date how long process: no problems due to what applicant shared (7), commutation should take being assisted by others with Comfortable with interviewer (40), Better communication application. Application was and interviewer was a good and transparency in the simple, to fill out because of listener (7), Felt rushed and commutation process (32), examples provided at Prison investigator did not spend Notice or letter of receipt Law Library. enough time with applicant confirming application is (3). received (18), Set guideline 11. After you submitted the and criteria of a completed application, did you get an 12d) What did the interviewer application and examples of interview by BPH? tell you regarding next steps? applications that have been Total received interviews (27): A report takes 2-3 weeks to granted (15), Applicants with CIW (18), CCWF (6), Men’s send to the Governor’s Office learning disability and mental prisons (3). (6), If “denial” letter is not health should get assistance in received, it is good news applying (5), Receive a notice 12. How long afterward (6), Recorded interview will whether commutation was was the interview after you be reviewed by others (4), granted or not (5). submitted the application? Applicants should find housing 8 months - 1 year (9), over 1 and submit acceptance letters year (8), 1-3 months (5), 4-7 from programs (2). months (4).

19 15. What would your loved ones 16. How can the participant be 2. How long have participants or person helping you with your supported while waiting on the been incarcerated? application like to see happen outcome of the application? The average pardon applicant with BPH to make the pardon Regular updates (50), Other was incarcerated for 13 years. and commutation process (9), Spiritual and emotional 3. What are the sentences of better? support (6), Clear guidelines participants? Regular updates (34), Clear (5). Life (5), Determinate (1), Jail Time guidelines (12), Representative (1). (8), Website (7), Filling number Regular updates include (5), Emailing support letters (3), having a website, notice 4. When was the most recent Access to support letters (2). of receipt, status updates, release date from jail or prison? timeframes, and whether or 2016 (3), 2011 (1), 2001 (1), 2000 Participants who asked for not new applications should be (1), 1998 (1). regular updates requested submitted with a new governor. a notice of receipt as to 5. Was the applicant detained by whether or not an application is Clear guidelines include ICE, and if so how long? accepted/rejected, with seven resources on criteria and Yes, all seven pardon applicants suggestions to put updates on attachments, how to were held in ICE detention. The a website, and five suggestions prepare for interviews and average amount of time spent in to include a filing number. what to expect after interviews. ICE detention is 9 months. Participants who asked for Spiritual and emotional 6. How did participants learn clearer guidelines requested a support include needing about the pardon process? timeframe for the application prayer or family and friends to Word of mouth (4), Research (2), process, which attachments be with applicants during the Attorney (2). to include, and where to find process of applying more information. 7. Did participants have any Other includes creating a difficulties getting help with Participants who asked for resource packet for those putting the pardon application a representative requested who get interviewed and together? If “yes” explain why: a contact person that loved commuted. ones can call for additional No (4).Those who replied “no” questions. Pardon Survey Results (seven all had legal and/or community responses) support. Participants who asked for emailing support letters 1. Where were applicants Some difficulty (2). For one requested this method instead incarcerated? family member, it was difficult of sending support letters San Quentin State Prison (3), to obtain information while through physical mail. Solano State Prison (1), Mule their partner was in ICE Creek State Prison (1), Federal detention; for another, it took Participants who have been Correctional Institute, Terminal time to understand the pardon incarcerated for decades may Island (1), East Mesa County Jail process. have lost touch with loved ones (1). or supporters and have no Yes (1). Writing the pardon access to support letters. statement was difficult.

20 8. Who helped you with the Time Consuming (1), especially Receive a filing number (2). application and how long did it without any guidance for the first take to put application packet time, but the application itself Notice or letter of receipt together? was easy. confirming application is received (1). Attorney (6), Completed by self 12. After you submitted the (1). application, did you get an Guidelines for when one needs to re-submit (1). Participants took an average of interview by BPH? 8 months to finish the pardon No (6), One applicant did not 16. How can the participant be application, with a median of 3 respond to question. supported while waiting on the weeks. 13. Have you received a outcome of the application? 9. Were you given a filing decision on the applications you Transparency (3): being more number for application? submitted? informed about the process. No (6), Yes (1). Yes, pardon granted (4), No decision yet (2), Denied by Community Support (3): having the larger community contact 10. Did anyone help you Supreme Court (1). the governor, to fight for contact BPH and ask for status more time before deportation, of your application(s)? If yes, 14. When was the date you to gain more campaign what was the status of your received a decision and how awareness, and to add letters application(s)? was it conveyed to you? of support to applicant’s Yes (5), No (2). For the those Those who received a grant for supplemental packet. who answered yes - three had an the pardon application waited two months, three months, and attorney or the applicant initiate Support for other immigration eight months. The participant first with BPH or Governor’s issues (1): getting a work who had their application denied Office, one received a notice permit. that application was on the by the CA Supreme Court Governor’s desk, and one received this decision after seven received a notification when the months. pardon was granted. 15. What would applicant like 11. What was your application to see with BPH or Governor’s process like? Office to make pardon process Difficult (3), one applicant stated better, especially being they needed patience with incarcerated with very few gathering support letters. Nerve- resources available? wracking (2) in one case, due to Get update on status of uncertainty of which part of the application through mail or deportation defense process to website (4). focus on (local jurisdictions for COR or pardon application), and, Set timeline date how long in the other case, due to being pardon should take (4). in limbo and not understanding the process. Easy (1), after Expedite application for those receiving help with attorneys. facing deportation (2).

21 Notes politics/2018/12/26/gov-jerry- browns-pardons-set-a-record- 1. CDCR Fact Sheet, “Three-Judge for-modern-california-history/, Panel and California Inmate and Bob Egelko, “Gov. Jerry Population Reduction,” May 23, Brown sets record for pardons, 2011, available at: https://www. commutations in California,” San cdcr.ca.gov/News/docs/2011- Francisco Chronicle, Dec. 24, 05-23-Three-Judge-Panel- 2018, available at: https://www. Background.pdf. sfchronicle.com/politics/article/ Gov-Jerry-Brown-sets-record-for- 2. CDCR Report, “Offender Data pardons-13487741.php. Points: Offender Demographics For the 24-month period, ending 4. CA Supreme Court December 2017,” available Administrative Order, at: https://sites.cdcr.ca.gov/ “Procedures for Considering research/wp-content/uploads/ Requests for Recommendations sites/9/2018/07/Offender-Data- Concerning Applications for Points-as-of-December-31-2017-1. Pardons or Commutations,” pdf. March 28, 2018, available at: https://www.courts. 3. See Ben Christopher, “Gov. ca.gov/documents/admin- Jerry Brown’s Pardons Set a order_2018-03-28_proc_con_req_ Record for Modern California rec_apps_pardon_commutation. History,” Times of San Diego, pdf. Dec. 26, 2018, available at: https://timesofsandiego.com/

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