BILL ANALYSIS Ó SB 618 Page 1 SENATE THIRD READING SB 618 (Leno) As Amended September 3, 2013 Majority vote SENATE VOTE :28-10 PUBLIC SAFETY 7-0 APPROPRIATIONS 12-0 ----------------------------------------------------------------- |Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bocanegra, | | |Jones-Sawyer, Mitchell, | |Bradford, | | |Quirk, Skinner, Waldron | |Ian Calderon, Campos, | | | | |Eggman, Gomez, Hall, | | | | |Holden, Pan, Quirk, Weber | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Streamlines the process for compensating persons who have been exonerated after being wrongfully convicted and imprisoned. Specifically, this bill : 1)Provides if a person 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 person, 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, the facts underlying the basis for the court's ruling or order shall be binding on the AG, the factfinder, and VCGCB. SB 618 Page 2 5)Requires the district attorney to provide notice to the AG prior to entering into a stipulation of facts that will be the basis for granting of a writ of habeas corpus or a motion to vacate a judgment. 6)States that the express factual findings made by the court, including credibility determinations, in considering a petition for habeas corpus, a motion to vacate judgment, or an application for a certificate of factual innocence, shall be binding on the AG, the factfinder, and VCGCB. 7)Specifies that "express factual findings" are findings established as the basis for the court's ruling or order. 8)States in a contested proceeding, if the court grants a writ of habeas corpus concerning a person who is unlawfully imprisoned or restrained, or when 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 new 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. 9)Specifies circumstances under which a petitioner may move for a finding of innocence by a preponderance of the evidence 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, 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. 10)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. 11)Provides if 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 the evidence that the crime with which he or she was charged was SB 618 Page 3 either not committed at all or, if committed, was not committed by him or her, VCGCB shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid. 12)Defines "new evidence" as evidence that was not available or known at the time of trial that completely undermines the prosecution case and points unerringly to innocence. 13)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. 14)Clarifies that the two-year statute of limitations for filing a claim to VCGCB starts to toll after judgment of acquittal, or after pardon granted, or after release from custody. 15)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. 16)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. 17)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, the AG shall respond to the claim within 60 days of the order, or request an extension of time, upon a showing of good cause. 18)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 SB 618 Page 4 hearing at the earliest date convenient for the parties and the board. 19)Provides if the time period for response elapses without a request for an extension or a response from the AG, VCGCB shall fix a time and place for the hearing of the claim, mail notice to the claimant at least 15 days prior to the time fixed for the hearing, and make a recommendation based on the claimant's verified claim and any evidence presented by him or her. 20)States in a hearing before VCGCB, the factual findings and credibility determinations establishing the court's basis for granting a writ of habeas corpus, a motion for a new trial, or an application for a certificate of factual innocence shall be binding on the AG, the factfinder, and VCGCB. 21)States that VCGCB shall deny payment of any claim if VCGCB finds by a preponderance of the evidence that a claimant pled guilty with specific intent to protect another from prosecution for the underlying conviction for which the claimant is seeking compensation. 22)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, intentionally contribute to the bringing about of his or her arrest or conviction for the crime with which he or she was charged. EXISTING LAW : 1)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. 2)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 SB 618 Page 5 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. 3)States that a VCGCB 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. 4)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. 5)Provides that a person no longer unlawfully imprisoned may prosecute a motion to vacate judgment for newly discovered evidence, as specified. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)Unknown, potentially significant, annual General Fund (GF) costs to the extent streamlining the process for erroneous conviction claims accelerates payment and increases the SB 618 Page 6 frequency of successful claims. Since 2001, VCGCB has heard 62 erroneous conviction claims, approving 11. The Legislature subsequently appropriated $3.5 million for 10 of the claims, based on the statutory $100 per day of wrongful incarceration. (In 2007, a VCGCB-approved claim for $74,600 failed to receive a 2/3 vote in the Senate. The claimant had been convicted of rape and murder and it was subsequently determined the murder conviction was erroneous. This claimant ultimately prevailed - to a greater degree - in civil court.) For order of magnitude purposes, based on the past 12 years, if this bill increased the percentage of successful claims heard by 30%, the annual cost increase would be about $500,000. 2)Minor savings to the VCGCB as a result of potentially fewer hearings, more than offset by the potential increase in claims. 3) Unknown, potentially moderate GF net costs, potentially in the hundreds of thousands of dollars, for increased Department of Justice (DOJ) legal workload as a result of the required 60-day response to a claim when a claimant has not had a conviction reversed or secured a declaration of factual innocence. (DOJ could also request an extension.) These costs would be offset to an unknown degree by reduced workload in terms of cases that DOJ would no longer need to review and process. COMMENTS : 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 SB 618 Page 7 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; 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." Please see the policy committee analysis for a full discussion of this bill. SB 618 Page 8 Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744 FN: 0002176