BILL ANALYSIS Ó
AB 672
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CONCURRENCE IN SENATE AMENDMENTS
AB
672 (Jones-Sawyer)
As Amended September 4, 2015
Majority vote
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|ASSEMBLY: |79-0 |(June 3, 2015) |SENATE: | 40-0 |(September 10, |
| | | | | |2015) |
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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
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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
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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.
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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."
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Analysis Prepared by:
Sandy Uribe / PUB. S. / (916) 319-3744 FN:
0002250