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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