HomeMy WebLinkAboutMINUTES - 05051987 - 1.28 t-0/K".'oS �
7O BOARD OF SUPERVISORS
FROM: Phil Batchelor Contra
County Administrator Costa
DATE: April 29, 1987 County
SUBJECT: Legislation: Senate Constitutional
Amendment 9 (Boatwright)
SPECIFIC REQUEST(S) OR RECOMMENDATION(_S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a ,position in support of Senate Constitutional Amendment 9
( SCA 9) by Senator Dan Boatwright which would authorize the
Governor to review and affirm, modify, or reverse the decision of
the parole authority regarding granting parole to a person
sentenced to an indeterminate term for a conviction of murder.
BACKGROUND:
While under current provisions of the State Constitution the
Governor can grant a reprieve, pardon, and commute a sentence,
the Governor has no authority to review a decision of the parole
authority and either affirm, modify, or reverse the decision.
Senator Boatwright has introduced SCA 9 which, if approved by the
voters, would provide that no decision of the parole authority
concerning granting, denying, revoking, or suspending the parole
of a person sentenced to an indeterminate term upon conviction of
murder would become final for a period of 30 days. During this
period of time the Governor could affirm, modify, or reverse the
decision of the parole authority on the basis of the same factors
the parole authority is required to consider.
Over the past several years there have been several controversial
cases where convicted murderers have been paroled when it
appeared the will of the people would have dictated that the
parole should be overruled. However, no elected official in
California has the power to accomplish this. SCA 9 would give
the Governor the right to take a fresh look at the facts reviewed
by the parole authority and make up his or her own mind just as
the Governor can now do with a reprieve, pardon, or commutation.
The Sheriff is on record in favor of SCA 9 and this office
believes it is appropriate for the Board to also indicate its
support for SCA 9 .
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
S 1 GNATURE S : ( ��E^E^C
ACTION OF BOARD ON May 5, 1987 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
XUNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC:
County Administrator ATTESTED MAY 5 1987
_
Sheriff-Coroner
PHIL BATCHELOR, CLERK OF THE BOARD OF
District Attorney
Public Defender SUPERVISORS AND COUNTY ADMINISTRATOR
Jackson/garish & Associates 60hP�
J. Smith Associates BY ,DEPUTY
M382/7D.8'3
Senator Dan Boatwright