BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 635|
|Office of Senate Floor Analyses | |
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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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