BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 635 (Nielsen) - Erroneous conviction and imprisonment:   
          compensation
          
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          |Version: April 29, 2015         |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: May 18, 2015      |Consultant: Jolie Onodera       |
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          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  







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            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  








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          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  








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          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.




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