commutation

People who have been convicted of a crime may apply for a commutation

June 24, 2019 by San Quentin News

People who have been convicted of a crime and are currently serving their sentence in California may apply for a commutation (reduction of sentence).

In deciding whether to grant a commutation, the Governor’s Office will carefully review each commutation application and consider:

• the impact of a commutation on the community, including whether the grant is consistent with public safety and in the interests of justice;

• the age and circumstances of the offense and the sentence imposed, and the age of the applicant at the time;

• the applicant’s self-development and conduct since the offense, including whether the applicant has made use of available rehabilitative programs and has identified and addressed treatment needs;

• the applicant’s need for a commutation; and

• the applicant’s plans upon release from custody.

Applicants will be notified when the Governor takes action on a commutation application.

INVESTIGATION & REVIEW

The Board of Parole Hearings, a division of the California Department of Corrections and Rehabilitation, investigates commutation applications. The investigation will include a review of the applicant’s criminal history records, court and police records, and records and information about the applicant’s period of incarceration from the applicant’s C-File and other sources.

HOW TO APPLY FOR A COMMUTATION OF SENTENCE COMMUTATION – REAPPLICATION

If you submitted a commutation application to a prior governor and did not receive notice of a commutation grant, your application is deemed closed. If you submitted a commutation application in the last three years and would like Governor Newsom to re-open your prior application and consider it, you may submit a Re-application for Clemency. To re-apply for a commutation:

• Submit a completed Re- application for Clemency Form. Do not re-submit your original application or other documents unless requested to do so by the Governor’s Office.

• Submit an authorization for release of medical information if you are applying for a commutation because you are suffering from a terminal illness or have a severe and chronic disability that would be substantially mitigated by release from prison or reduction of sentence.

COMMUTATION – NEW APPLICATION

To apply for a commutation for the first time or for the first time in three years:

• Submit a completed Commutation Application to the Governor’s Office. You may, but are not required to, submit additional information or copies of relevant documents in support of your application, such as letters of support or certificates of achievement. Please do not send original documents because application materials cannot be returned; and

• Submit a completed Notice of Intent to Apply for Clemency to the district attorney in the county of the conviction for your commitment offense; and

If you would like to re- quest forms by mail, please send a letter to: Office of the Governor, State Capitol, Attn: Legal Affairs/Clemency, Sacramento, CA 95814.

Applying for a Governor’s pardon in California

June 24, 2019 by San Quentin News

Two distinct processes available to California prisoners

From theGovernor’s Office: People who have been convicted of a crime in California may apply for a gubernatorial (Governor’s) pardon. The Governor of California cannot grant a pardon for a conviction from another state or a federal proceeding.

There are two ways to ap- ply for a pardon in California: a Certificate of Rehabilitation and a Direct Pardon.

Pardon Application by Certificate of Rehabilitation: One way to apply for a pardon is to first petition for and obtain a Certificate of Rehabilitation from the superior court in the county where the applicant lives. Once a court grants a petition for Certificate of Rehabilitation, the court is required to send the order to the Governor’s Office, where it becomes an automatic application for a pardon. The applicant does not need to take any further action unless contacted by the Governor’s Office or the Board of Parole Hearings.

Pardon Application by Direct Request to the Governor: The second path to apply for a pardon is to submit an application directly to the Governor’s Office.

In both cases, the applicant must notify the district attorney in the county of a conviction for which a pardon application has been submitted.

Before the Governor can grant a pardon application to someone who has two or more felony convictions (in different cases), a majority of the California Supreme Court must first recommend a grant of clemency. The Governor’s Office will send the California Supreme Court the pardon ap- plication and all related docu- ments for their review.

INVESTIGATION & REVIEW

The Board of Parole Hearings investigates pardon applications for the Governor’s Office. In deciding whether to grant a pardon, the Governor’s Office will carefully review each application and consider:

• the impact of a pardon grant on the applicant’s family and community, including whether the grant is consistent with public safety and in the interests of justice and, if relevant, any extraordinary circumstances that justify restoration of firearm rights or a pardon in a sex offense case;

• the age and circumstances of the offense and the age of the applicant at the time;

• the applicant’s need for a pardon.

Pardon applicants will be notified when the Governor takes action on an application.

HOW TO APPLY FOR A PARDON – REAPPLICATION

If you submitted a pardon application, either by a direct application or by a Certificate of Rehabilitation to a prior governor and did not receive notice of a pardon grant, your application is deemed closed. If you submitted a pardon application in the last three years and would like Governor Newsom to reopen and consider it, you may reapply for a pardon. To re-apply for a pardon you must take the following step:

• Submit a completed Reapplication for Clemency Form. Do not resubmit your original application or other documents unless requested to do so by the Governor’s Office or the Board of Parole Hearings.

PARDON – NEW APPLICATION

Applicants who are eligible for a Certificate of Rehabilitation are encouraged to use that path to file a pardon application. Contact the Public Defender’s Office in your county of residence for additional information.

To apply for a direct pardon for the first time or for the first time in three years, you must take the following two steps:

• Submit a completed Pardon Application to the Governor’s Office. You may but are not required to submit additional information or copies of relevant documents in support of your application, such as letters of support or certificates of achievement. Explain extraordinary circumstances that justify restoration of fire- arm rights. Please do not send original documents because application materials cannot be returned; and

• Submit a completed Notice of Intent to Apply for Clemency to the district attorney(s) in the county or counties of the conviction(s) for the offense(s) for which you are requesting a pardon.

If you would like to request forms by mail, please send a letter to: Office of the Governor, State Capitol, Attn: Legal Affairs/Clemency, Sacramento, CA 95814.

Commutation granted to John Vaden

February 15, 2018 by John Lam

After serving 15 years of a 19-year-to-life term for second-degree murder, John Vaden received an exceptionally rare commutation from California Gov. Jerry Brown.

In reaching his decision in April, the governor wrote, “Mr. Vaden’s crime has profoundly impacted (his victim’s family members), several of whom wrote to me to oppose clemency and express their enduring pain…

“Nevertheless, after carefully weighing this matter, I have concluded that Mr. Vaden has earned the chance to make his case before the Board of Parole Hearings so they can determine whether he is ready to be released from prison.

“In making this decision, I have given great weight to the recommendation of the warden of San Quentin, and the fact that Mr. Vaden—sent to an adult prison for a crime he committed as a 16-year-old—has resisted the powerful intimidation and pervasive pressures of criminal gangs that unfortunately wield power in our prisons. On the contrary, Mr. Vaden has availed himself of every opportunity to improve himself,” the governor added.

The governor also cited Vaden’s accomplishments, which included staying disciplinary-free, obtaining his GED, four vocational skills, and participating in multiple self-help groups.

Acknowledging the gift that he has been given, Vaden said, “This means the world to me because I get another chance at life and being a contributing member of society, as opposed to taking from it.

“I don’t believe that I deserved a commutation. I believe that it was an act of mercy by God through the governor and the Board of Parole Hearings.

“Mercy means withholding something I do deserve; I deserve being in prison for the rest of my life for senselessly taking another person’s life.”

In his plea for commutation, Vaden wrote, “I am no longer that 16-year-old boy who was not only rebellious and disrespectful toward authority figures but who struggled with low self-esteem, insecurities and peer pressure.”

Born and raised in South Sacramento, Vaden was the sixth of 12 children.

“Despite living in a crime-ridden neighborhood, I grew up very sheltered and in a religious household,” Vaden said.

“I was 10 years old when my father left us,” he said. “I lost my sense of security, and being the oldest boy in my family, I felt that it was my role to step up to take care of my family. So I sought male role models from my sisters’ boyfriends, who were gang members; they filled the void that my father left.”

Vaden’s life quickly spiraled out of control.

“I became disrespectful and bitter toward my mom. I also began acting out in school, until I was expelled in the eighth grade,” Vaden said.

“At 14, I joined a gang and began using and selling hardcore drugs like PCP and cocaine in the neighborhood.”

This trend would continue until one night, Vaden shot and killed a man during a botched drug transaction.

After his arrest, Vaden fought his case for more than a year before pleading guilty to second-degree murder. He was sentenced to 19 years-to-life at the age of 17.

Unlike most young offenders, who fall prey to peer pressure, Vaden made a decision to change his life early on.

“When I first came to juvenile hall at 16, I was wild, I was getting into fights, disrespecting staff and not following directions,” Vaden said. “After a year into my incarceration, I had a conversation with my grandma to turn my life over to Christ. That’s when my transformation started.”

Despite his commitment to change, it was not without its difficulty. At 17, when Vaden was sent to California Correctional Institution in Tehachapi, he got a glimpse of what prison would hold for him.

“It was intimidating and overwhelming being in an adult prison,” Vaden said. “On my first week, I witnessed an assault. I saw multiple officers repeatedly beating and pepper spray a guy for three minutes while the guy was assaulting another inmate. It was a rude awakening.”

Through 15 years of his incarceration, Vaden attributes being disciplinary-free and focused to his relationship with God.

“My faith in Christ kept me out of trouble. I also surrounded myself with like-minded individuals, and I started to define myself by the principle of the Bible,” Vaden said.

On Sept. 20 the Board of Prison Hearings found Vaden suitable for parole.

“After I got found suitable, I realized that there were no winners. It was hard to be happy or excited when I just got done sitting face-to-face with the horrific impact I had on my victim’s family,” Vaden said.

Upon parole, Vaden said he plans on utilizing what he has learned from his prison experience to help his community by mentoring young people.

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