Chapter 3. Duties Of Supreme Court of California Penal Code >> Title 6. >> Part 3. >> Chapter 3.
No application which has not received a recommendation from
the Board of Prison Terms favorable to the applicant shall be
forwarded to the Clerk of the Supreme Court, unless the Governor,
notwithstanding the fact that the board has failed to make a
recommendation favorable to the applicant, especially refers an
application to the justices for their recommendation.
In all cases where the Board of Prison Terms has made a
recommendation favorable to the applicant and in those cases referred
by the Governor, notwithstanding an adverse recommendation, the
application, together with all papers and documents relied upon in
support of and in opposition to the application, including prison
records and recommendation of the Board of Prison Terms, shall be
forwarded to the Clerk of the Supreme Court for consideration of the
If a majority of the justices recommend that clemency be
granted, the clerk of the Supreme Court shall transmit the
application, together with all papers and documents filed in the
case, to the Governor; otherwise the documents shall remain in the
files of the court.