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Bill

ACA 10

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by repealing Section 32 of Article I thereof, relating to parole.

2025-2026 Regular Session Introduced by Carl DeMaio

Constitutional amendment repealing California's parole restrictions to expand gubernatorial clemency authority without parole board recommendation requirements.

From printer. May be heard in committee April 5.
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Bill Summary · ACA 10

Legislative bill overview

ACA 10 proposes a constitutional amendment to repeal Section 32 of Article I of the California Constitution, which currently restricts the Governor's parole authority. The bill would need voter approval to modify California's constitutional parole provisions and would proceed to the ballot if passed by the legislature.

Why is this important

California's Constitution currently limits gubernatorial parole powers through Section 32, which requires the Governor to obtain a recommendation from the parole board before granting paroles in most cases. Repealing this section would significantly expand executive clemency authority and alter the balance between executive and administrative power over incarceration decisions, affecting thousands of incarcerated individuals and public safety policy.

Potential points of contention

  • Executive power expansion: Repealing Section 32 would give the Governor broader unilateral authority to grant paroles without parole board recommendation requirements, raising concerns about checks and balances
  • Public safety impact: Opponents may argue this could undermine victim protections and parole board expertise, while supporters contend it provides necessary flexibility in sentencing corrections
  • Due process questions: The change affects legal protections built into the constitution and raises questions about fairness standards in parole decisions across different administrations

Compiled from official sources — confirm details with the bill’s official record.

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