BILL ANALYSIS Ó
AB 672
Page 1
ASSEMBLY THIRD READING
AB
672 (Jones-Sawyer)
As Amended June 1, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+---------------------+---------------------|
|Public Safety |7-0 |Quirk, Melendez, | |
| | |Gonzalez, | |
| | |Jones-Sawyer, | |
| | |Lackey, Low, | |
| | |Santiago | |
| | | | |
|----------------+------+---------------------+---------------------|
|Appropriations |12-0 |Gomez, Bonta, | |
| | |Calderon, Daly, | |
| | |Eggman, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Gordon, Holden, | |
| | |Quirk, Rendon, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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AB 672
Page 2
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 provide transitional services to a wrongfully
convicted person, including housing assistance, job training,
and mental health services, as applicable.
2)States that the extent of the services is to be determined by
CDCR.
3)Specifies that the services shall be provided for a period of
not less than six months and not more than one year from the
date of release.
4)Prohibits charging a fee for the application of an original,
renewal, or replacement driver's license or identification card
issued to any wrongfully-convicted person released from prison
or county jail within the previous six months.
EXISTING LAW:
1)Requires CDCR and the Department of Motor Vehicles (DMV) to
ensure that all eligible inmates released from prison have valid
identification cards issued.
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.
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
AB 672
Page 3
limitations for presenting those claims.
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.
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.
6)Gives erroneously convicted and pardoned individuals two years
to file a claim against the state.
7)Sets the rate of compensation at $100 per day of incarceration
served subsequent to the claimant's conviction, and specifies
that this appropriation shall not be considered gross income for
state tax purposes.
FISCAL EFFECT: According to the Assembly Appropriations
Committee:
AB 672
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1)Moderate to significant costs to CDCR of $450,000 to $900,000
(GF) to provide transitional services for six months to one
year. Annual estimate for one wrongful convicted individual is
$36,000. In 2014, there were 51 court-ordered discharges from
CDCR, if 25 of these individuals were wrongfully convicted and
services were provided for six to twelve months, the cost would
have been $450,000 to $900,000 per year.
2)Cost to DMV to waive the fees for the 21 individuals would be
minor.
COMMENTS: 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."
Analysis Prepared by:
Sandy Uribe / PUB. S. / (916) 319-3744 FN:
0000735