Cal. Codes » Penal Code / PART 3. OF IMPRISONMENT AND THE DEATH PENALTY / TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS / CHAPTER 8. Length of Term of Imprisonment and Paroles / ARTICLE 3. Paroles
California Codes

Cal. Penal Code § 3041.2 (2026)

✓ current as of May 2026
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(a)During the 30 days following the granting, denial, revocation, or suspension by the board of the parole of an inmate sentenced to an indeterminate prison term based upon a conviction of murder, the Governor, when reviewing the board’s decision pursuant to subdivision (b) of Section 8 of Article V of the Constitution, shall review materials provided by the board.

(b)If the Governor decides to reverse or modify a parole decision of the board pursuant to subdivision (b) of Section 8 of Article V of the Constitution, he or she shall send a written statement to the inmate specifying the reasons for his or her decision.

Notes of Decisions
Cited in 53 cases (1 in the last 5 years), 1992–2023 · leading case: Thomas v. Cate, 715 F. Supp. 2d 1012 (E.D. Cal. 2010).
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Thomas v. Cate, 715 F. Supp. 2d 1012 (E.D. Cal. 2010). · cites it 10× “4 Is it your contention that the Governor’s exercise of his review authority California Constitution article V, section 8(b), and California Penal Code § 3041.2 did not create a significant risk of lengthening the term of Thomas’ incarceration? a.”
People v. Franklin, 370 P.3d 1053 (Cal. 2016). · cites it 2× “V, § 8; Pen. Code, § 3041.2; In re Rosenkrantz (2002) 29 Cal.”
Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010). · cites it 2× “For ease of reference, and because both entities have performed the same duties, we refer to both as the Board of Prison Terms, the entity that considered parole for Hayward in 2002. [3] See Cal. Const., art. V, § 8(b) ("No decision of the parole authority of this state with…”
Miller v. Davis, 521 F.3d 1142 (9th Cir. 2008). · cites it 2× “Section 8(b) also subjects the Governor’s *1146 review “to procedures provided by statute,” and the relevant statute, California Penal Code § 3041.2, limits the Governor’s review of parole decisions to “materials provided by the parole authority.”
In Re Prather, 234 P.3d 541 (Cal. 2010). · cites it 2× “(b); Pen. Code, § 3041.2; In re Masoner, supra, 172 Cal.”
In Re Arafiles, 92 Cal. Daily Op. Serv. 4640 (Cal. Ct. App. 1992). · cites it 4× “Petitioner’s other contentions are that (1) the Governor’s review of the parole release decision was not timely; (2) the Governor improperly considered evidence outside the record; and (3) section 8(b) and its enabling legislation (Pen. Code, § 3041.2) deny him procedural due…”
In re Lawrence, 190 P.3d 535 (Cal. 2008). “(b); Pen. Code, § 3041.2; see Rosenkrantz, supra, 29 Cal.”
Swarthout v. Cooke, 562 U.S. 216 (2011). · cites it 2× “5, §8(b); Cal. Penal Code Ann. §3041.2 (West 2000).”
In Re Smith, 2003 Cal. Daily Op. Serv. 4799 (Cal. Ct. App. 2003). · cites it 2× “" (Pen. Code, § 3041.2 [when reviewing a decision by the Board, the Governor "shall review materials provided by the parole authority"].”
In Re Hare, 189 Cal. App. 4th 1278 (Cal. Ct. App. 2010). · cites it 3× “” (Pen. Code, § 3041.2, subd. (a).)* ***** 8 “Although these provisions contemplate that the Governor will undertake an independent, de novo review of the prisoner’s suitability for parole, the Governor’s review is limited to the same considerations that inform the Board’s…”
In Re Gray, 2007 Cal. Daily Op. Serv. 5911 (Cal. Ct. App. 2007). · cites it 2× “The Governor Improperly Relied Upon Evidence Not Before the 2005 Board Penal Code section 3041.2, subdivision (a), provides that when reviewing parole determinations, the “Governor .”
In Re Morrall, 125 Cal. Rptr. 2d 391 (Cal. Ct. App. 2003). · cites it 2× “” Penal Code section 3041.2 implements the constitutional provision.”
Show all 53 citing cases →
— Cal. Penal Code § 3041.2(a) — 4 cases
Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010). “For ease of reference, and because both entities have performed the same duties, we refer to both as the Board of Prison Terms, the entity that considered parole for Hayward in 2002. [3] See Cal. Const., art. V, § 8(b) ("No decision of the parole authority of this state with…”
Miller v. Davis, 521 F.3d 1142 (9th Cir. 2008). “Section 8(b) also subjects the Governor’s *1146 review “to procedures provided by statute,” and the relevant statute, California Penal Code § 3041.2, limits the Governor’s review of parole decisions to “materials provided by the parole authority.”
Clay v. Kane, 384 F. App'x 544 (9th Cir. 2010).
SENTENO v. California, 705 F. Supp. 2d 1175 (E.D. Cal. 2009).
— Cal. Penal Code § 3041.2(b) — 2 cases
Murr v. Marshall, 673 F. Supp. 2d 1028 (C.D. Cal. 2009).
Miller v. Davis, 420 F. Supp. 2d 1108 (C.D. Cal. 2006).
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