BILL ANALYSIS Ó
SB 618
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Date of Hearing: July 2, 2013
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 618 (Leno) - As Amended: June 27, 2013
SUMMARY : Streamlines the process for compensating persons who
have been exonerated after being wrongfully convicted and
imprisoned. Specifically, this bill :
1)Provides if a claimant has secured a declaration of factual
innocence from the court after having his or her conviction
set aside, the finding shall be sufficient grounds for payment
of compensation for a claim against the state to the
California Victim Compensation and Government Claims Board
(VCGCB).
2)States, upon application by the petitioner, VCGCB shall,
without a hearing, recommend to the Legislature that an
appropriation be made and the claim paid.
3)Specifies that if the declaration of factual innocence is
granted pursuant to a stipulation of the prosecutor, VCGCB has
the duty to recommend to the Legislature payment of the claim
without a hearing.
4)Provides if the district attorney or Attorney General (AG)
stipulates to or does not contest the factual allegations
underlying one or more of the grounds for granting a writ of
habeas corpus or a motion to vacate a judgment, those facts
shall be binding on the AG, the factfinder, and VCGCB.
5)States that factual findings made by the court, including
credibility determinations, in considering a petition for
habeas corpus, a motion for new trial based on newly
discovered evidence, or an application for a certificate of
factual innocence, shall be binding on the AG, the factfinder,
and VCGCB.
6)States if the court grants a writ of habeas corpus concerning
a person who is unlawfully imprisoned or restrained, or when
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the court vacates a judgment for a person on the basis of
newly discovered evidence concerning a person who is no longer
unlawfully imprisoned or restrained, and if the court finds
that the evidence on the petition points unerringly to
innocence, VCGCB shall, upon application by the petitioner,
without a hearing, recommend to the Legislature that an
appropriation be made and the claim paid to the petitioner.
7)Specifies circumstances under which a petitioner may move for
a finding of innocence by a preponderance of the evidence and
states that no presumption shall be made in any other
proceeding for failure to make a motion or obtain a favorable
ruling on the motion.
8)States that if the court makes a finding that the petitioner
has proven his or her innocence by a preponderance of the
evidence as specified, VCGCB shall, without a hearing,
recommend to the Legislature that an appropriation be made and
the claim paid to the petitioner.
9)Provides where a federal court, after granting a writ of
habeas corpus, pursuant to a non-statutory motion or request,
finds a petitioner innocent by no less than a preponderance of
evidence, VCGCB shall, without a hearing, recommend to the
Legislature that an appropriation be made and the claim paid.
10)Authorizes a person incarcerated in county jail for a felony
conviction to file a claim to VCGCB for the pecuniary injury
sustained by him or her through his or her erroneous
conviction and imprisonment or incarceration.
11)Clarifies that the two-year statute of limitations for filing
a claim to VCGCB starts to toll after judgment of acquittal or
discharge given, or after pardon granted, or after release
from custody.
12)Defines "release from custody" as release from imprisonment
from state prison or from incarceration in county jail when
there is no subsequent parole jurisdiction exercised by the
Department of Correction and Rehabilitation or postrelease
jurisdiction under a community corrections program, or when
there is a parole period or postrelease period subject to
jurisdiction of a community corrections program, when that
period ends.
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13)States that a claimant may not file a claim for compensation
until 60 days have passed since the date of reversal of
conviction or granting of the writ, or while the case is
pending upon an initial refiling, or until the complaint or
information has been dismissed no more than one time pursuant
to a dismissal.
14)Provides that if the claimant is a person has had his or her
conviction reversed in a habeas corpus proceeding or secured a
declaration of factual innocence, VCGCB shall, within 30 days
of the presentation of the claim, calculate the compensation
for the claimant and recommend to the Legislature payment of
that sum.
15)Specifies if the claimant is not a person who has had his or
her conviction reversed in a habeas corpus proceeding or
secured a declaration of factual innocence, VCGCB shall order
the AG to respond to the claim within 60 days of the order, or
to request an extension of time, upon a showing of good cause,
to file a response.
16)States upon receipt of a response from the AG, VCGCB shall
fix a time and place for the hearing of the claim, and shall
mail notice thereof to the claimant and to the AG and the
claimant at least 15 days prior to the time fixed for the
hearing. VCGCB shall use reasonable diligence in setting the
date for the hearing and shall attempt to set the date for the
hearing at the earliest date convenient for the parties and
the board.
17)Deletes the requirement under current law that the claimant
must introduce evidence to prove the fact that he or she did
not, by any act or omission on his or her part, intentionally
contribute to the bringing about of his or her arrest or
conviction for the crime with which he or she was charged.
18)States that VCGCB shall deny payment of any claim where VCGCB
finds by a preponderance of the evidence that a claimant
willfully plead guilty to protect the prosecution of another
for the underlying conviction for which the claimant is
seeking compensation.
EXISTING LAW :
1)Authorizes the judge to order the sealing of records in any
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case where a person has been arrested and no conviction has
occurred where the petitioner shows he or she is factually
innocent of the charges for which he or she was arrested.
(Penal Code Section 851.8.)
2)Authorizes the judge to order the records in a case sealed,
including any record of arrest or detention, whenever a person
is acquitted of a charge and it appears to the judge presiding
at the trial wherein such acquittal occurred that the
defendant was factually innocent of the charge. (Penal Code
Section 851.85.)
3)Requires the judge to order that the records in a case be
sealed, including any record of arrest or detention, whenever
a person's conviction is set aside based upon a determination
that the person was factually innocent of the charge. (Penal
Code Section 851.86.)
4)Requires the court to inform a person whose conviction has
been set aside based upon a determination that the person was
factually innocent of the charge of the availability of
indemnity for persons erroneously convicted and the time
limitations for presenting those claims. (Penal Code Section
851.86.)
5)Provides that any person who, having been convicted of any
crime against the state amounting to a felony and imprisoned
in the state prison for that conviction, is granted a pardon
by the Governor for the reason that the crime with which he or
she was charged was either not committed at all or, if
committed, was not committed by him or her, or who, being
innocent of the crime with which he or she was charged for
either of the foregoing reasons, shall have served the term or
any part thereof for which he or she was imprisoned, may, as
specified, present a claim against the state to VCGCB for the
pecuniary injury sustained by him or her through the erroneous
conviction and imprisonment. (Penal Code Section 4900.)
6)Requires a claim to VCGCB to be presented within a period of
two years after judgment of acquittal or discharge given, or
after pardon granted, or after release from imprisonment.
(Penal Code Section 4901.)
7)Requires VCGCB to fix a time and place for the hearing of the
claim and mail notice thereof to the claimant and to the AG at
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least 15 days prior to the time fixed for the hearing. (Penal
Code Section 4902.)
8)States that at the hearing, the claimant shall introduce
evidence in support of the claim, and the AG may introduce
evidence in opposition thereto. The claimant must prove the
facts set forth in the statement constituting the claim,
including the following:
a) The fact that the crime with which he or she was charged
was either not committed at all, or, if committed, was not
committed by him or her;
b) The fact that he or she did not, by any act or omission
on his or her part, intentionally contribute to the
bringing about of his or her arrest or conviction for the
crime with which he or she was charged; and,
c) The pecuniary injury sustained by him or her through his
or her erroneous conviction and imprisonment. (Penal Code
Section 4903.)
9)States if the evidence proves all of the above, VCGCB shall
report the facts of the case and its conclusions to the
Legislature, with a recommendation that an appropriation be
made by the Legislature for the purpose of indemnifying the
claimant for the pecuniary injury. The amount of the
appropriation recommended shall be a sum equivalent to $100
per day of incarceration served subsequent to the claimant's
conviction and that appropriation shall not be treated as
gross income to the recipient under the Revenue and Taxation
Code. (Penal Code Section 4904.)
10)Establishes procedures for the filing and hearing of a
petition for a writ of habeas corpus, which allows a person to
challenge his or her incarceration or related restraint as
unlawful. (Penal Code Sections 1474-1508.)
11)Provides that a person no longer unlawfully imprisoned may
prosecute a motion to vacate judgment for newly discovered
evidence, as specified. (Penal Code Section 1473.6.)
FISCAL EFFECT : Unknown
COMMENTS :
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1)Author's Statement : According to the author, "Under our
current system, an innocent person must go through the
intensely arduous task of proving their innocence in a full
court hearing by completely dismantling the state's case. And
then, he or she must start again from scratch in a completely
new and separate administrative process - a process in which
the innocence that he or she has previously proven is ignored
or discounted and the rules of evidence of a trial court do
not apply. It's like winning a marathon, only to find that
the prize for winning is to run an ultra-marathon, at the end
of which you are likely to get nothing.
"Inmates are often exonerated and released with much fanfare and
publicity. However, after their fifteen minutes of fame are
over, the exonerated are left with scars from years of pain
and frustration spent fighting a system that often fails to
acknowledge its mistakes and even more rarely offers an
apology. Although many of the exonerated possess unfathomable
courage, determination, and heart, they often lack the
resources and skills to muster their way unassisted through
the labyrinth of requirements necessary to see their
compensation claim through.
"SB 618 addresses this problem by creating a fair and efficient
review process that reduces a number of obstacles that
continue to prevent eligible exonerees from gaining access to
meaningful compensation for their unlawful imprisonment.
"These changes will make the system:
a) "More efficient by accelerating the procedure for
resolving claims to provide meaningful, speedy relief to
innocent individuals trying to get back on their feet;
b) "Less expensive by saving taxpayer money spent on years
of costly litigation where innocence has already been
proven, and saving exonerees countless hours retrying their
case when the conviction has been overturned and their
release granted by a court;
c) "More streamlined by focusing the VCGCB's work on those
claims which are actually in need of evaluation, and
allowing automatic approval of claims where innocence has
already been proven;
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d) "More consistent by ensuring the VCGCB's determinations
to grant or deny compensation claims are based on the same
facts and rules of evidence established by the court that
reversed the conviction, found them innocent, and granted
their release
"Although, we can never restore the years lost and the
hardship and human suffering perpetrated on the wrongfully
convicted and their families, at a minimum, we could at least
process their claims fairly and timely."
2)Background : According to the background materials provided by
the author, " Since the year 2000, of the 132 men and women
released from custody after serving time for murder, rape, or
another serious offense they did not commit, only 11 were
granted an approval and recommendation for payment by the
VCGCB allowing them to get on with their lives and get back on
their feet.
"Exonerees who have been denied compensation include individuals
who were found to be 'unerringly innocent' by a trial court
and those whose convictions were reversed based on DNA
evidence and findings of factual innocence.
"Take for example Timothy Atkins who was imprisoned for a crime
he didn't commit for 23 years before a witness recanted her
testimony. After more than two decades behind bars, the same
judge that heard his original case found that the new evidence
pointed to unerring innocence and stated on the record that
the witness testimony on which his conviction was based was
not credible and could not be believed.
"Timothy Atkins entered jail at 17. He exited as a 40 year-old
man. And what did the state offer him for all of those years
of unlawful custody?
"Because he was innocent, and not on parole, he was not allowed
access to post-release services. Because he was innocent, he
was worse off than a convicted felon because he was not even
entitled to the gate money that parolees receive after serving
their sentence.
"After years of unlawful imprisonment, Timothy Atkins's claim
for relief from the Victim Compensation Board was denied.
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Other stories of compensation denied are easy to come by given
that the Board has only approved 11 claims since the year
2000."
3)California Commission on the Fair Administration of Justice
Report and Recommendations: This report, established by
Senate Resolution No. 44, addresses some of the obstacles
faced by persons who have established their innocence after
conviction of a crime, in gaining access to post-conviction
relief, achieving reintegration into society and gaining
compensation for their wrongful convictions. The report
states that "compensation should be limited to those who have
been found innocent of the crime or crimes for which they were
convicted and imprisoned, not because of procedural errors in
their trials. They have been deprived of their liberty based
upon a failure in the criminal justice system. It should be
the policy of the State of California to redress the injury
inflicted upon the innocent as quickly as possible, to restore
them to full participation in the life of the community, and
to provide all services needed for the difficult transition
from wrongful imprisonment to restoration of all the rights
and liberties to which they are otherwise entitled." ("Report
and Recommendations on Remedies," p. 2, for full report see
http://www.ccfaj.org/documents/reports/
incompentence/official/REPORT%20AND%20RECOMMENDATIONS%20ON%20REME
DIES.pdf.)
The report noted that since 1984, the VCGCB approved 15 claims
from persons who established their innocence of the crimes of
which they were convicted. During the same period, the Board
denied 25 claims, and dismissed another 19 because they were
untimely, incomplete, or the claimant had not been released
from prison. The most recent records from the AG's office
indicate that the VCGCB has approved two claims from the time
the report was released in 2008 through the end of July 2012.
4)Post-Conviction Finding of Innocence : This bill provides that
any person whose conviction was reversed in a habeas corpus
proceeding or motion to vacate a judgment shall be entitled to
compensation from the state without the need for an additional
hearing where the court that heard the petition or motion
found that the evidence at the proceeding pointed unerringly
to innocence. The petitioner's burden is extremely high, as
the petitioner is attacking a judgment that is presumed to be
correct, such that every reasonable inference to support the
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judgment will be drawn by a reviewing court. [Crawford v.
Southern Pacific (1935) 3 Cal.2d 427, 429.]
In order for a person to obtain a reversal of conviction on the
basis that he or she is unerringly innocent, the person must
essentially destroy the entire basis for the prosecution's
case. "A criminal judgment may be collaterally attacked on
habeas corpus on the basis of newly discovered evidence if
such evidence casts fundamental doubt on the accuracy and
reliability of the proceedings. At the guilt phase, such
evidence, if credited, must undermine the entire prosecution
case and point unerringly to innocence or reduced
culpability." [In re Hall (1981) 30 Cal.3d 408, 417, italics
in original; see also, In re Lindley (1947) 29 Cal.2d 709 and
In re Hardy (2008) 42 Cal.4th 1231.] The burden of
establishing actual innocence is much higher than a
preponderance of the evidence. [In re Lawley (2008) 42
Cal.4th 1231 1239-1240.]
5)Factual Innocence Petitions : This bill provides that where a
person succeeds in obtaining a certificate of factual
innocence from a court pursuant to Penal Code Section 851.8 or
Section 851.86, he or she shall be entitled to compensation
for felony imprisonment without the need for a hearing in
front of the board. A certificate of factual innocence is
granted where the court finds there was no basis for a
person's arrest and prosecution. The petitioner has the
burden of proof to show that no reasonable cause exists to
believe that he or she committed the offense for which the
petitioner was arrested.
"Section 851.8 is for the benefit of those defendants who have
not committed a crime. It permits those petitioners who can
show that the state should never have subjected them to the
compulsion of the criminal law--because no objective factors
justified official action--to purge the official records of
any reference to such action. . . . Hence, much more than a
failure of the prosecution to convict is required in order to
justify the sealing and destruction of records under section
851.8. Establishing factual innocence . . . entails
establishing as a prima facie matter not necessarily just that
the [defendant] had a viable substantive defense to the crime
charged, but more fundamentally that there was no reasonable
cause to arrest him in the first place." [People v. Adair
(2003) 29 Cal.4th 895, 905, citations omitted.]
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If a court finds that a showing of no reasonable cause has been
made by the petitioner, the burden of proof shifts to the
respondent to show that reasonable cause exists to believe
that the petitioner committed the offense for which he or she
was arrested. To make a determination of factual innocence,
the court may review the police department incident report,
affidavits of witnesses, and any other material and relevant
evidence presented at an evidentiary hearing. The court may
order a finding of factual innocence and order the arrest
record sealed and destroyed, either when an accusatory
pleading has been filed and dismissed, or after an acquittal
in a jury trial if the judge believes the defendant is
factually innocent. [Penal Code Section 851.8(d) and (e).]
Once a record is ordered sealed and destroyed, the law
enforcement agency, the prosecutor's office, the court and the
Department of Justice are required to seal any records related
to the arrest for three years and then destroy all records
related to the arrest. [Penal Code Section 851.8(b).]
Although Penal Code Section 851.8 specifies that the statute
pertains to persons arrested, but not convicted, in practice,
the statute also applies to provide instruction on the
procedure for petitions for factual innocence under subsequent
statutes. Penal Code Section 851.86 applies to persons who
were convicted and later had their convictions set aside based
on a court's finding of factual innocence and references
indemnity for persons erroneously convicted. The procedure
outlined in Penal Code Section 851.8 thus applies to Penal
Code Section 851.86, and compensation from VCGCB is only
available when Penal Code Section 851.8 is used in conjunction
with Penal Code Section 851.86 to set aside a conviction.
6)Argument in Support : The California Innocence Project (the
sponsor of this bill) writes, "Individuals who have
established their actual innocence to the criminal justice
system, whose conviction would not have been reversed unless
they proved their innocence to the judge, have been denied
claims by the Victim Compensation and Government Claims Board,
the administrative agency directed to rule on compensation
claims. Claimants are often required to spend tens of
thousands of dollars to litigate their claims in front of the
Board. To add insult to injury, claimants have had to wait
years for their claims to be decided, providing no meaningful
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relief in any way.
"This significant disparity is the result of an inefficient and
overly burdensome compensation review process system that
rarely compensates deserving victims, and takes years to do
so. The claim review process is not bound by the factual
determinations made by the court that originally granted the
claimant's writ of habeas corpus, which requires the innocent
to re-litigate their claim of innocence - an expensive and
laborious process. Furthermore, the claim review process
timeline is unlimited: as the law stands, there are no limits
to the length of time a claim may be considered and, as a
practical matter, likely denied. This inefficient process is
an unnecessary drain on resources and the live of California's
wrongfully convicted persons."
7)Argument in Opposition : According to the California District
Attorneys Association , "Though much of your bill speaks to
situations where a person has been found to be factually
innocent of a crime, there are other troubling provisions.
First, the language seems to indicate that facts found during
a successful habeas corpus proceeding or in a proceeding where
a new trial is granted would be binding upon the Victim
Compensation and Government Claims Board in terms of making a
decision on compensation. As we read this, a finding by a
court in ordering a new trial (presumably one that casts doubt
on a person's guilt) would be binding upon the Board, even if
the person was convicted in the new trial. This seems to
indicate that a person could be compensated even if he/she
were ultimately convicted in the new proceeding.
"Additionally, it is unclear why the statute of limitations on
bringing a claim should be extended. If the person is out of
physical custody, why should the two-year clock not start
until any post-release supervision has concluded?
"Finally, removing the language that requires a claimant to
demonstrate that he/she did not contribute to his/her arrest
or conviction and replacing it with authority for the Board to
deny a claim based on a conviction for fraud or obstruction of
justice is problematic. Even if there is a basis for such a
charge, it may not ultimately be filed if the underlying crime
is a very serious one."
8)Prior Legislation :
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a) AB 316 (Solorio), Chapter 432, Statutes of 2009,
extended the time for filing a claim with the VCGCB for a
wrongful conviction and imprisonment from six month to two
years and allowed a finding that a person is factually
innocent to be used as evidence in a claim for wrongful
conviction filed with the VCGCB.
b) AB 2937 (Solorio), of the 2007-08 Legislative Session,
would have increased the compensation for a person who has
been wrongfully convicted of a crime and extend the
timeframe in which a person could bring a claim, among
other provisions. AB 2937 was vetoed.
c) AB 1799 (Baugh), Chapter 630, Statutes of 2000,
increased the potential compensation for wrongful
incarceration after a person has been found factually
innocent from a maximum of $10,000 to a sum equivalent to
$100 per day of incarceration and excluded the amount
received from the definition of gross income.
REGISTERED SUPPORT / OPPOSITION :
Support
California Innocence Project (Sponsor)
American Civil Liberties Union
California Catholic Conference
California Public Defenders Association
Chair, Commission on the Fair Administration of Justice
Legal Services for Prisoners with Children
Taxpayers for Improving Public Safety
One private individual
Opposition
California District Attorneys Association
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744