BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 635| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 635 Author: Nielsen (R) and Leno (D), et al. AmendedAmended:4/29/15 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/21/15 AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SUBJECT: Erroneous conviction and imprisonment: compensation SOURCE: California Innocence Project DIGEST: This bill 1) raises the compensation for innocent persons who were wrongly convicted from $100 per day to $140, to reflect the effect of inflation on the amount originally set in 2000; 2) strikes an inaccurate reference to compensation for "pecuniary" injury suffered by wrongly imprisoned persons; and 3) includes time spent in county jail as part of the incarceration for the wrongful conviction in the calculation of compensation for wrongful imprisonment. ANALYSIS: Existing law: 1) Includes procedures for the filing and hearing of a petition for a writ of habeas corpus, which allows a person to challenge his or her incarceration or related restraint as SB 635 Page 2 unlawful. (Pen. Code §§1474-1508.) 2) Describes specific grounds for a writ of habeas corpus, including: False evidence that was material or substantially probative on the issue of guilt or punishment was introduced against the person at a trial or hearing related to the petitioner's incarceration. A person entered a guilty plea based on false physical evidence that the person entering the plea believed to be true. The specified grounds for a writ of habeas corpus do not limit any other valid grounds for the writ or other available remedies. (Pen. Code §1473.) 1) Provides that a person who is no longer unlawfully imprisoned or restrained as a result of a criminal conviction may file a motion to vacate the judgment for the following reasons: Newly discovered evidence of fraud by a government official completely and conclusively undermines the prosecution's case and points unerringly to innocence. Newly discovered evidence that a government official testified falsely at trial and the testimony was substantially material and probative on the issue of guilt. (Pen. Code §1474.6.) 1) 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 Victims Compensation and Government Claims Board (board) for the pecuniary injury sustained through the wrongful conviction and imprisonment. (Pen. Code § 4900.) 2) Provides that an unlawfully imprisoned person (exonoree) SB 635 Page 3 shall be entitled to a recommendation by the board for compensation without a hearing under the following circumstances: A court in a contested habeas corpus proceeding or motion to vacate a judgment finds that the evidence unerringly points to the innocence of the exonoree. (Pen. Code § 1485.55, subd. (a).) The court grants a habeas corpus petition or motion to vacate judgment on any ground other than the evidence unerringly points to innocence and the petitioner proves by a preponderance of the evidence that he or she is innocent. (Pen Code § 1485.55, subds. (b)-(d).) A federal court in a habeas corpus matter grants the petitioner's motion for a finding of factual innocence. (Pen Code § 1485.55, subds. (b)-(d).) A court issues a certificate of innocence upon the stipulation by the prosecutor or a hearing. (Pen. Code §§ 861.8, 861.86 and 861.865. 1) Provides that factual findings, including witness credibility determinations, made by a court in a hearing on a habeas corpus petition, a motion to vacate a judgment or a petition for a certificate of factual innocence shall be binding on the board, the fact finder and the Attorney General in a proceeding to consider a claim filed by a person who alleges that he or she is entitled to compensation despite his or her innocence. (Pen. Code § 1485.5, subd. (c).) 2) Provides that where the district attorney or Attorney General stipulates to or does not contest the factual allegations underlying one or more of the grounds for granting a writ of habeas corpus or motion to vacate a judgment, the facts underlying the court's ruling or order shall be binding on the board, the fact finder and the Attorney General in a proceeding to consider a claim filed by a person who alleges that he or she is entitled to compensation despite his or her innocence. (Pen. Code § 1485.5, subd. (a).) 3) Requires a district attorney to notify the Attorney General before stipulating to facts that will be basis for granting a SB 635 Page 4 habeas corpus petition or motion to vacate a judgment. (Pen. Code § 1485.5, subd. (b).) 4) Provides that an innocent person who has served an executed felony sentence in a jail may be entitled to compensation. (Pen. Code § 4900.) 5) Provides that the Attorney General shall have 60 days to respond to a claim for compensation filed with the board, and that extensions of time may be granted for good cause. 6) Provides that the board shall deny a claim for compensation if the board finds by a preponderance of the evidence that the claimant pled guilty with the specific intent to shield another from prosecution in the underlying conviction for which the claimant seeks compensation. (Pen. Code § 4903, subd. (c).) 7) Raises the daily compensation rate for an exonoree from $100 to $140 per day. 8) Strikes an inaccurate reference to compensation for "pecuniary injury" suffered by a wrongly imprisoned person. This bill provides that where a wrongfully convicted and imprisoned person spends part of his incarceration for the offense in a county jail, that time is included in the calculation for compensation. Background An exonerated person is released into a society that is very unlike the society they left when he or she was initially imprisoned. They must learn to provide the requirements of daily living after being held in a rigid, institutional structure where they occupied the lowest level. This bill increases the compensation for wrongful imprisonment of an exonerated person from $100 to $140 per day. This increase reflects the effect of inflation on the rate of compensation since 2000. SB 635 Page 5 This bill strikes a reference in current law to compensation paid to an exonerated person for his or her "pecuniary injury" suffered through wrongful imprisonment. "Pecuniary injury" appears to be an unfortunate and unsound description of the unique harm suffered when factually innocent persons are imprisoned. In a recent case, an exonoree was denied compensation because he had been homeless and unemployed at the time of his arrest and conviction. A pecuniary injury standard would best be applied to a commercial dispute or a tort for negligence that results in loss of income or financial position. Strict application of the term would allow little or no compensation to a person who was initially imprisoned at a young age - before he or she had an opportunity to develop earning power - and then held for decades. Thus, the board concluded, he suffered no pecuniary injury. A person who served substantially less time in prison, but who lost income from an established career, could receive much greater compensation. Further, if compensation is measured by pecuniary injury, imprisonment of a person with a high income should require the state to pay substantially more than the current limit of $100 per day of imprisonment. When a person is charged with a serious crime, bail is typically set in a high amount. If the person cannot afford bail, he or she remains in jail through the trial process. At the time of sentencing, the jail custody time attributable to the case for which the defendant is being sentenced is essentially made part of the person's sentence. The time an innocent person spends in custody during the trial process is clearly a time of extreme anxiety, as he or she faces a long prison term for a crime he or she did not commit. The person would not typically be involved in any programs and would often be transported from his or her cell to court and back. Arguably, whatever harm is suffered by a person who is wrongly imprisoned extends to the time in jail custody prior to sentencing. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SB 635 Page 6 According to the Senate Appropriations Committee, 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 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 board indicates one claim in 2014 was denied for lack of pecuniary loss. SUPPORT: (Verified 5/28/15) California Innocence Project (source) American Civil Liberties Union California Attorneys for Criminal Justice California Public Defenders Association Legal Services for Prisoners with Children OPPOSITION: (Verified 5/28/15) SB 635 Page 7 None received Prepared by:Jerome McGuire / PUB. S. / 5/31/15 12:32:00 **** END ****