The
California Commission on the Fair Administration of Justice
was created by Senate Resolution No. 44 of the 2003-04 Session
of the California State Senate, adopted on August 27, 2004.
S.R. 44 provides:
WHEREAS, Since legislation was enacted in 2000 that allows
convicted persons to obtain postconviction DNA testing in
California, a number of people have been exonerated and released
from prison after serving several years in prison, and more
than 100 American sentenced to death have subsequently been
exonerated and freed from death row based on DNA testing;
and
WHEREAS, Thorough, unbiased study and review in other states
has resulted in recommendations for significant reforms to
the criminal justice system in order to avoid wrongful convictions
and executions, and California has not engaged in any such
review of the state's criminal justice system, now, therefore,
be it
Resolved by the Senate of the State of California, That the
Members hereby establish the California Commission on the
Fair Administration of Justice and be it further
Resolved, That the Commission shall have the following duties:
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(1) |
To study
and review the administration of criminal justice
in California to determine the extent to which that
process has failed in the past, resulting in wrongful
executions or the wrongful conviction of innocent
persons.
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| (2) |
To examine
ways of providing safeguards and making improvements
in the way the criminal justice system functions.
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| (3) |
To make
any recommendations and proposals designed to further
ensure that the application and administration of
criminal justice in California is just, fair, and
accurate; and be it further
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Resolved, That the commission
shall consist of members to be appointed by the Senate Committee
on Rules, which shall also designate the chair. The commission
shall meet regularly, establish a staff, hold public hearings,
review existing research, commission new research, and solicit
public comment from scholars, judges, prosecutors, law enforcement,
private defense lawyers, public defenders, elected officials,
victims' organizations, authorities in the criminal justice
system, and members of the public; and be it further
Resolved, That the members of the commission shall not receive
compensation, but shall be reimbursed for necessary travel
expenses for the purpose of attending meetings of the commission,
including such public meetings as the commission shall schedule,
and the commission shall be funded by private sources; and
be it further
Resolved, That the commission shall meet and make recommendations
to the Legislature and the Governor no later than December
31, 2007, on recommendations on the administration of justice,
addressing the matters set forth herein.
Click here to view SR 10, extending the Commission through June 30, 2008 |
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