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