BILL ANALYSIS Ó AB 672 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 672 (Jones-Sawyer) As Amended September 4, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |79-0 |(June 3, 2015) |SENATE: | 40-0 |(September 10, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY: Requires the California Department of Corrections and Rehabilitation (CDCR) to provide transitional services to exonerated persons upon their release. The Senate amendments: 1)Title the provisions "Obie's Law." 2)Provide transitional services for exonerated persons instead of wrongfully convicted persons. 3)Define "exonerated" as a person has been convicted and subsequently either of the following has occurred: a) A writ of habeas corpus concerning the person was AB 672 Page 2 granted on the basis that the evidence unerringly points to innocence, or the person's conviction was reversed on appeal on the basis of insufficient evidence; or b) The person was given an absolute pardon by the governor on the basis that the person was innocent. 4)Require CDCR to provide a form for a driver's license or identification card fee exemption to any person who was exonerated and released from state prison within the prior six months. 5)Require the exonerated person to take the form, along with a copy of a court order, if provided by the court, to the Department of Motor Vehicles in order to qualify for the driver's license or identification card fee exemption. 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 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 AB 672 Page 3 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. AS PASSED BY THE ASSEMBLY, this bill: 1)Required CDCR to provide transitional services to a wrongfully convicted person, including housing assistance, job training, and mental health services, as applicable. 2)Stated that the extent of the services is to be determined by CDCR. AB 672 Page 4 3)Specified 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)Prohibited 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. FISCAL EFFECT: According to the Senate Appropriations Committee: 1)Potentially significant costs to CDCR of $180,000 to $360,000 (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 10 persons per year. 2)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. 3)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. 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." AB 672 Page 5 Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0002250