BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 635 (Nielsen) - Erroneous conviction and imprisonment: compensation ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 29, 2015 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 18, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 635 would raise the compensation for an erroneously convicted and imprisoned person from $100 per day of incarceration served to $140 per day of incarceration served, including any time spent in custody in county jail that is considered to be part of the term of incarceration. This bill would also expand the scope of a compensable injury to include non-pecuniary injuries. Fiscal Impact: Potentially significant increase in erroneous conviction compensation payments in the range of $148,000 to $517,000 (General Fund) per claim paid, as follows: Based on the average claim payment of about $369,000, increasing the daily compensation rate to $140 per day would increase the average claim payment to nearly $517,000, an increase of $148,000. This estimate does not include the SB 635 (Nielsen) Page 1 of ? additional increase to the average claim payment as a result of compensation for time spent in custody in county jail. Potential increase in claim payments due to compensation for time spent in county jail as part of the term of incarceration. While the average length of stay in jail that is considered part of the term of incarceration is unknown, for context, for every claim in which 25 days were spent in custody in jail, additional costs of $3,500 per claim would result. Potential increase of $517,000 per claim to the extent removing the requirement that a claimant prove pecuniary loss could result in approval of claims that would have been denied under current law. The VCGCB indicates one claim in 2014 was denied for lack of pecuniary loss. Background: Existing law provides that any person who, having been convicted of a crime and imprisoned in the state prison, is granted a pardon by the Governor because the crime with which he or she was charged either did not occur, or if it did occur, was not committed by him or her, or who is innocent of the charges for either of the foregoing reasons, and who has served any part of the term for which imprisoned may present a claim against the State to the Victim Compensation and Government Claims Board (VCGCB) for the pecuniary injury sustained through the wrongful conviction and imprisonment. (Penal Code (PC) § 4900.) Existing law provides that if the evidence shows that the crime with which the claimant was charged was either not committed at all, or, if committed, was not committed by the claimant, and that the claimant has sustained pecuniary injury through his or her erroneous conviction and imprisonment, the VCGCB shall report the facts of the case and its conclusions to the next Legislature, with a recommendation that an appropriation be made by the Legislature for the purpose of indemnifying the claimant for the pecuniary injury. Under existing law, the amount of the appropriation recommended shall be a sum equivalent to $100 per day of incarceration served subsequent to the claimant's conviction and that appropriation shall not be treated as gross income to the recipient under the Revenue and Taxation Code. (PC § 4904.) Proposed Law: This bill would raise the compensation for an erroneously SB 635 (Nielsen) Page 2 of ? convicted and imprisoned person from $100 per day of incarceration served to $140 per day of incarceration served, including any time spent in custody in county jail that is considered to be part of the term of incarceration. This bill would also expand the scope of a compensable injury to include non-pecuniary injuries. Related Legislation: SB 694 (Leno) 2015 would allow the granting of a habeas corpus petition based on new evidence which "raises a reasonable probability of a different outcome if a new trial were granted." This bill is pending on the Suspense File of this Committee. Prior Legislation: SB 618 (Leno) Chapter 800/2013 streamlined and provided clarity to the process for compensating persons who have been exonerated after serving time incarcerated. Staff Comments: By increasing the daily rate of compensation for an erroneously convicted and imprisoned person from $100 per day of incarceration served to $140 per day of incarceration served, including any time spent in custody in county jail that is considered to be part of the term of incarceration, this bill will result in increased payment amounts from the General Fund. Since 2001, there have been 17 claims approved for payment of compensation for erroneous convictions. While it is unknown how many approved claims will be impacted prospectively, based on the average claim payment of about $369,000, increasing the daily compensation rate to $140 per day would increase the average claim payment to nearly $517,000, an increase of $148,000 per claim. The impact of additionally compensating a person for time spent in custody in county jail that is considered part of the term of incarceration would also increase the cost of each claim payment. Costs would be dependent on the individual case. While the average length of stay in jail that would be applicable under the provisions of this bill is unknown, for context, every 25 days spent in custody in county jail would result in SB 635 (Nielsen) Page 3 of ? additional costs of $3,500 per claim. To the extent the time spent in jail is greater or less, costs would vary accordingly. This bill removes the existing requirement that a claimant prove the loss was pecuniary in nature. As a result, this provision could result in approval of claims that otherwise would have been denied under current law. The VCGCB indicates one claim in 2014 was denied for lack of pecuniary loss. While the number of claimants impacted is not estimated to be significant, the potential increase in payments is estimated at $517,000 per claim. -- END --