BILL ANALYSIS Ó
AB 672
Page 1
Date of Hearing: April 7, 2015
Counsel: Sandra Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
672 (Jones-Sawyer) - As Introduced February 25, 2015
SUMMARY: Requires the California Department of Corrections and
Rehabilitation (CDCR) to provide transitional services to
wrongfully convicted persons upon their release. Specifically,
this bill:
1)Requires CDCR to assist a person who was wrongfully convicted
with obtaining an identification card upon release from
prison.
2)Requires CDCR to provide transitional services to a wrongfully
convicted person, including housing assistance, job training,
and mental health services, as applicable.
3)States that the extent of the services is to be determined by
CDCR.
4)Specifies that the services shall be provided for a period of
not less than six month and no more than two years upon
release.
EXISTING LAW:
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1)Requires CDCR and the Department of Motor Vehicles (DMV) to
ensure that all eligible inmates released from prison have
valid identification cards issued. (Pen. Code, § 3007.05.)
2)Requires CDCR to establish a case management reentry pilot
program for offenders who are likely to benefit from case
management reentry strategies designed to address
homelessness, joblessness, mental disorders, and developmental
disabilities among offenders transitioning from prison into
the community. (Pen. Code, § 3016.)
3)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. (Pen. Code, §
851.86.)
4)States that if a person has secured a declaration of factual
innocence, the finding shall be sufficient grounds for
compensation by the Victim Compensation and Government Claims
Board (VCGCB). Upon application the VCGCB shall, without a
hearing, recommend to the Legislature that an appropriation be
made. (Pen. Code, § 851.865.)
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 the VCGCB for
the pecuniary injury sustained by him or her through the
erroneous conviction and imprisonment. (Pen. Code, § 4900.)
6)Gives erroneously convicted and pardoned individuals two years
to file a claim against the state. (Pen. Code, § 4901.)
7)Sets the rate of compensation at $100 per day of incarceration
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served subsequent to the claimant's conviction, and specifies
that this appropriation shall not be considered gross income
for state tax purposes. (Pen. Code, § 4904.)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "AB 672 is
intended to ensure that individuals who are released from
prison after being wrongfully convicted, are able to access
reentry services such as housing assistance or job training.
This bill was inspired by Anthony Obie who after spending 17
years in prison for a crime he did not commit, was released in
2011 with just the clothes on his back and a few dollars in
his pocket."
2)California Commission on the Fair Administration of Justice
Report and Recommendations: A 2008 report by the California
Commission on the Fair Administration of Justice 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. As to reintegration in particular, the report
states:
"Ironically, even the limited resources made available to
convicted felons who have served their sentences and are
released from prison are not available to those whose
convictions have been set aside. Parolees are released to the
community in which they were arrested or convicted; services
such as counseling and assistance in locating housing or jobs
are limited to those who remain under parole supervision. But
those who are being released because their conviction is set
aside, including those who have been found innocent, receive
none of these services. Those who have been released back
into the community after successfully challenging their
convictions, whether innocent or not, face the same obstacles
encountered by parolees, and more. Many are afflicted with
post-traumatic stress disorder, or other psychological damage
resulting from their wrongful incarceration over a long period
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of time. Of the States with compensation laws, only three -
Massachusetts, Louisiana and Vermont - provide for the costs
of medical and psychological care. The New York Times
recently gathered information on 137 of the 206 imprisoned
individuals who have been found innocent by DNA testing from
1989 through 2007. The reporters also researched the
compensation claims of all 206. They found that at least 79
of these persons (40%) received no compensation at all. More
than half of those who did receive compensation waited two
years or longer after exoneration for the first payment. Few
received any government services after their release. They
typically left prison with less help - prerelease counseling,
job training, substance-abuse treatment, housing assistance
and other services - than some states offer to paroled
prisoners. Most found that authorities were slow to wipe the
convictions from their records, if they did so at all. Even
those who were well educated and fully employed at the time of
their wrongful conviction had difficulty finding work after
their release. Roberts & Stanton, A Long Road Back After
Exoneration, and Justice is Slow to Make Amends, New York
Times, Nov. 25, 2007; Santos & Roberts, Putting a Price on a
Wrongful Conviction, New York Times, Dec. 2, 2007.
"The Commission recommends that services to assist with
reintegration into society be available to all those released
from prison after their judgment of conviction has been
reversed, vacated or set aside. This would include assistance
in locating housing, a cash allowance, clothing, and
employment counseling." (Report and Recommendations on
Remedies," pp. 6-8, http://www.ccfaj.org/documents/reports/
incompentence/official/REPORT%20AND%20RECOMMENDATIONS%20ON%20REME
DIES.pdf .)
3)Argument in Support: According to the California Attorneys
for Criminal Justice, the sponsor of this bill, "Wrongful
convictions are sadly becoming more frequent in our criminal
justice system. With the technological developments of DNA
evidence, and a growing number of Innocence Projects
throughout the state, persons convicted and incarcerated of
crimes they did not commit are receiving a second chance at
life. According to an LA Times special report, the number of
people exonerated each year in the Unites States has nearly
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tripled over the last two decades, according to the National
Registry of Exonerations. A total of 1,493 wrongfully
convicted inmates have been set free since the first DNA tests
in 1989.
"However, once a person is released from state prison as
wrongfully convicted, they are released back into the
community without any compensation or reentry services. By
contrast, parolees often receive assistance with various
necessities such as food and clothing vouchers, benefits, job
training and housing placement. For persons released after
being wrongfully convicted and incarcerated, these persons are
released without such necessities, identification cards or
drivers licenses, because they are no longer in custody of the
state.
"In 2011, Obie Anthony spent 17 years in prison after being
wrongfully convicted when it was uncovered that a prosecutor
failed to disclose that the key witness had received a "deal"
with the prosecutor in exchange for the testimony. The
witness eventually recanted and Anthony was released from
custody. Obie was released only with the clothes on his back,
a few dollars in his pocket, and somehow expected to
successfully transition back into the community.
"The criminal justice system stole precious years from Obie; it
is an unfortunate reality of our criminal just system that no
services are provided to help Obie, and others wrongfully
convicted. Although there is a compensation process, it takes
months or years to receive compensation. The critical reentry
time is the first few days and weeks upon release. The
California Department of Corrections and Rehabilitations
should, at the very least, provide essential reentry services
to persons wrongfully convicted."
4)Prior Legislation:
a) AB 2308 (Stone), Chapter 607, Statutes of 2014, required
CDCR and DMV to ensure that all inmates released from state
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prisons have valid identification cards.
b) SB 618 (Leno), Chapter 800, Statutes of 2013,
streamlined the process for compensating persons exonerated
after being wrongfully convicted and imprisoned.
REGISTERED SUPPORT / OPPOSITION:
Support
California Attorneys for Criminal Justice (Sponsor)
American Civil Liberties Union of California
California Catholic Conference
California Public Defenders Association
Legal Services for Prisoners with Children
Taxpayers for Improving Public Safety
Opposition
None
Analysis Prepared
by: Sandy Uribe / PUB. S. / (916) 319-3744