In Re Johnson

Penal Code section 3041.1 requires the full Board of Prison Terms sitting in bank to review a grant of parole if the Governor makes such a request “[u]p to 90 days prior to a scheduled parole release date.” Purporting to act pursuant to this authority, the Governor requested the Board to review a grant of parole to petitioner and respondent, Chester Johnson, but his request was filed less than 90 days from Johnson’s scheduled parole release date. The trial court concluded that because the Governor’s request was untimely under section 3041.1, the Board lacked power to review Johnson’s grant of parole and it issued a writ of habeas corpus directing appellants to immediately release Johnson. Concluding that the Governor’s untimely action did not divest the Board of the power it always possessed to reconsider and set aside its administrative decision to grant Johnson parole, we reverse.

I.

Johnson was convicted of first degree murder in both Los Angeles and Alameda Counties, and was imprisoned for those crimes in early 1970. His initial sentence of death was subsequently modified to life imprisonment.

After a number of hearings, the Board found in December of 1981 that…