BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 635|
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                                   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  








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             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)  







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             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  







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             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.







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          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









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          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)








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          None received


           Prepared by:Jerome McGuire / PUB. S. / 
          5/31/15 12:32:00


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