BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 672 (Jones-Sawyer) - Inmates: wrongful convictions:
assistance upon release
-----------------------------------------------------------------
| |
| |
| |
-----------------------------------------------------------------
|--------------------------------+--------------------------------|
| | |
|Version: June 1, 2015 |Policy Vote: T. & H. 11 - 0, |
| | PUB. S. 7 - 0 |
| | |
|--------------------------------+--------------------------------|
| | |
|Urgency: No |Mandate: No |
| | |
|--------------------------------+--------------------------------|
| | |
|Hearing Date: August 17, 2015 |Consultant: Jolie Onodera |
| | |
-----------------------------------------------------------------
This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 672 would require the Department of Corrections and
Rehabilitation (CDCR) to provide transitional services to
wrongfully convicted persons upon their release from state
prison, as specified. This bill would also prohibit the
Department of Motor Vehicles (DMV) from charging fees for
driver's licenses or identification cards issued to wrongfully
convicted persons released from state prison or county jail, as
specified.
Fiscal
Impact:
Potentially significant costs to CDCR of $450,000 to $900,000
(General Fund) annually to provide transitional services for
six months to one year for eligible persons. This estimate
reflects the cost to provide services for six months to one
year for 25 persons per year. In the absence of a definition
AB 672 (Jones-Sawyer) Page 1 of
?
of "wrongfully convicted," this estimate assumes persons
potentially discharged for improper sentencing or imposition
of fines, even if a crime was committed, would potentially be
eligible.
Ongoing potential minor loss of fee revenue (Special Fund*) to
DMV due to the prohibition on charging initial, renewal, or
replacement fees on driver's licenses or identification cards
issued to any person wrongfully convicted and released from
state prison or county jail within the previous six months.
One-time minor costs of $15,000 (Special Fund*) for DMV to
reprogram its automation system to enable a waiver of fees for
the specified population.
*Motor Vehicle Account
Background: The California Commission on the Fair Administration of
Justice noted in its Report and Recommendations on Remedies
(2008), 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 incarceration? They
often have distinct problems re-entering society, and have
difficulty achieving legal redress due to a variety of
substantive and technical obstacles in the law...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 of the services
needed for the difficult transition from wrongful imprisonment
to restoration of all the rights and liberties to which they are
otherwise entitled."
This bill seeks to provide persons who have established their
innocence after conviction and released from custody with the
reentry services necessary to begin transition back into their
communities.
AB 672 (Jones-Sawyer) Page 2 of
?
Proposed Law:
This bill would provide for the following services with regard
to "wrongfully convicted" persons released from custody:
Requires the department to assist a person who was
wrongfully convicted with transitional services, including
housing assistance, job training, and mental health
services, as applicable. The extent of the services shall
be determined by the department and shall be provided for a
period of not less than six months and not more than one
year from the date of release.
Prohibits the DMV from charging a fee for an original,
renewal, or replacement driver's license or identification
card issued to any person who was wrongfully convicted and
was released from state prison or county jail within the
previous six months.
Related
Legislation: AB 2308 (Stone) Chapter 607/2014 requires the CDCR
and DMV to ensure that all inmates released from state prisons
have valid identification cards.
Staff
Comments: The CDCR has indicated that providing transitional
services, using current program standards based on a housing
component and one ancillary service (employment, education, or
substance abuse treatment), is estimated to have an average
daily cost of $100. Assuming wrongfully convicted inmates
released from CDCR jurisdiction would utilize programs CDCR
provides to current parolee populations, the cost to provide
services to one wrongfully convicted individual for six months
is estimated at $18,000, and $36,000 for a full year.
This bill does not provide a definition of "wrongfully
convicted." While it is assumed that individuals found factually
innocent would be eligible for services under the provisions of
this bill, it is unclear whether additional persons could
potentially be eligible for post-incarceration services. In the
absence of a definition, it is unclear whether a person who was
"wrongfully convicted" could potentially include a person who
was improperly sentenced or charged an incorrect fine amount,
but still have committed the crime. For every 25 of the 51
AB 672 (Jones-Sawyer) Page 3 of
?
court-ordered discharges from CDCR in 2014 that would
potentially be eligible under the provisions of this bill, costs
to provide transitional services for six to twelve months would
cost in the range of $450,000 to $900,000. To the extent the
number of eligible persons is greater or less in any one year
would impact costs accordingly.
The DMV would incur minor costs related to systems programming
and establishing a process to verify eligibility. One-time costs
associated with these activities are estimated at approximately
$15,000. The degree of revenue loss due to the waiver of fees
would be dependent on the volume of applicable persons who apply
for a driver's license or identification card, which is not
expected to be significant, as noted above.
Recommended
Amendments: Staff recommends the following technical amendment
to clarify the intent of the bill. As both the CDCR and DMV are
referenced in a preceding subdivision of the existing Penal Code
section, a specific reference to CDCR is suggested.
3007.05 (c) The department Department of Corrections and
Rehabilitation shall assist a person released from state prison
who was wrongfully convicted with transitional services,
including housing assistance, job training, and mental health
services, as applicable. The extent of the services shall be
determined by the department and shall be provided for a period
of not less than six months and not more than one year from the
date of release.
For clarification, if it is the intent of the author to limit
services to persons found factually innocent, staff recommends
an amendment to define "wrongfully convicted" to specifically
define this population.
-- END --
AB 672 (Jones-Sawyer) Page 4 of
?