CALIFORNIA CLEMENCY BOARDS
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 mini clemency board shall be established in every county in the State of California to handle considerations for clemency, commutation and compassionate releases do to possible injustice on the part of the State, including prison overcrowding.
Five citizens who reside in the county where the inmate was convicted will judge cases only from that same county. If these citizens agree to sit on a clemency board for up to one week (or longer if agreed), they will be paid for their services the sum of $100.00 a day but service is not mandatory. Board members will be pre screened before sitting on any panel. They will be random selected by using current voter rolls or former jurors who have served on a jury in their county in the past 18 months.
The board members will review inmate request for early release, reduction of sentence and or clemency. While in session, they may review many 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 57 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 25 consecutive years of no criminal activity.
Release nonviolent prisoners under established guidelines when prison overcrowding is at unsafe levels.
Any county who receives a clemency release shall also receive from the prison budget the sum of $8,000.00 or 1/6 the current California prison incarceration rate per release for rehabilitation services. The county must have State approved rehabilitation services in place to receive these prison budget funds. And the released must register with the county rehab within 30 days of release.
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 CITIZENS OF THE CALIFORNIA CLEMENCY BOARD AND NOT THE ELECTED OFFICIAL WILL HAVE THE FINAL SAY ON CLEMENCY.
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.