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    Main | California Clemency Boards »

    A Constitutional Amendment Proposal


    1. Repeal the authority of the governor’s power to grant clemency and any sentencing commutations in the State of California.

    2. Adopt a new law for clemency protocol as the State's standard practice known as the California Clemency Boards by its inventor Allen Jones. This new law would supersede all known and unknown laws in the State of California dealing with clemency and sentencing commutation.

    Under this new clemency law, a new clemency board shall be created to handle all requests for clemency, commutations and compassionate prisoner releases in California. At least one county clemency board shall be established in every county in the State of California to handle considerations for clemency, commutation and compassionate releases due to possible injustice on the part of the State, including prison overcrowding.
    Five citizens randomly selected using voter or jury pool information and reside in the county where the inmate was convicted will judge cases only from that same county. If the citizens agree to sit on a clemency board for up to one week, they will be paid for their services the sum of $100.00 a day. Service is not mandatory. Board members will also be pre screened before sitting on any panel. The board members will review inmate request for early release, reduction of sentence and or clemency. While in session, they may review more than one request for that week’s session.
    Private Citizens, prisoner rights groups and professionals in the field may also petition the board on behalf of an inmate. The citizens of the California Clemency Board will have the power to release any qualified prisoner (once every seven years per individual) reduce his or her sentence. Members of the board can also use their common sense in viewing respected investigative journalism such as “60 Minutes”, “20/20” etc. in granting clemency to an inmate. They may also give a citizen reprimand with a granted release attached to serious consequences. Member of the board can choose to take no action if they feel the prisoner was treated in a satisfactory manner by the prison system or judicial process. An inmate can apply for a one-time appeal if he/she has been denied release. However, the appeal will take place in another county, also randomly selected from the 56 other counties of California.
    The California Clemency Board will also have the power to grant clemency for humanitarian reasons. This act includes the granting of a State of California pardon to former felons who have turned into pillars of their communities with a yet to be determined consecutive years of no criminal activity in any state of the United States.

    Release of nonviolent prisoners under established guidelines when prison overcrowding is at unsafe levels will prevent prison overcrowding permanently.

    Any county who receives a clemency released prisoner shall also receive from the prison budget the sum of $8,000.00 per release for rehabilitation/reentry services. The county must have State approved rehabilitation services in place to receive these prison budget funds. And the released inmate must register with the county rehab within 30 days of release to be eligible for assistance.

    3. Create a State elected administrator to handle the financial responsibilities of the board, ensure that prisoner request are delivered to the county level in a timely manner and make rulings on fairness or fraud in the clemency board. The first administrator appointed shall by law, be the inventor at no pay to establish California Clemency Boards.


    Special note:

    California Clemency Boards is not a get out of jail free card for those bent on committing crime and has many safe guards to prevent abuse of this new clemency process.

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    Reader Comments (2)

    Your plan has too much red tape attached. If a prisoner deserves to be set free, he does not need a truck load of rules and regulations to deal with. If he deserves freedom, give the man/woman freedom, don't burden them with another set of "crazy" laws to follow for the rest of their life.

    June 1, 2012 | Unregistered CommenterR. E. Hughes

    R.E. Hughes, one step at a time. I doubt this proposal will be accepted, but its your idea, though very idealistic, would never pass in todays world. One step at a time, easy does it! A lesson I wish Ron Paul would've learned in his years...he was too extreme. If you want to change A B C D E F G, you might have to settle for leaving G the way it is for now, because too much change is usually rejected by the masses (for example, I believe all drugs should be legalized [its actually safer that way since most hard drugs are mostly cut/filler which is more dangerous to inject than heroin/coke itself, and there would be less overdoses because we would know how much of the product we are using instead of having to guess how pure it is] but it is too extreme for most people to accept, so as a first step he shouldve just focused on decriminalizing drug use and making medical marijuana legal). Gotta have priorities...most people have fucked up priorities (people who think gay marriage and abortion rights [which i support] are more important than ending our warfare or stopping the loss of our rights)...but then again people are just selfish, why should they care about children dying on the other side of the world due to our government? Sorry for the rant, I'm done!

    November 2, 2012 | Unregistered Commenterbilly

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