BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 635


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          Date of Hearing:  July 14, 2015


          Chief Counsel:     Gregory Pagan








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          SB  
          635 (Nielsen) - As Amended April 29, 2015





          SUMMARY:  Increases the compensation for innocent persons who  
          were wrongly convicted from $100 per day of wrongful  
          incarceration to $140 per day, and requires that time spent in  
          custody in a county jail as part of the term of incarceration be  
          included in the calculation of compensation for the wrongful  
          imprisonment.



          EXISTING LAW:  









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          1)Provides that any person who, having been convicted of any  
            crime against the state amounting to a felony and imprisoned  
            in the state prison for that conviction, is granted a pardon  
            by the Governor for the reason that the crime with which he or  
            she was charged was either not committed at all or, if  
            committed, was not committed by him or her, or who, being  
            innocent of the crime with which he or she was charged for  
            either of the foregoing reasons, shall have served the term or  
            any part thereof for which he or she was imprisoned, may, as  
            specified, present a claim against the state to the Victim  
            Compensation and Government Claims Board (VCGCB) for the  
            pecuniary injury sustained by him or her through the erroneous  
            conviction and imprisonment.  (Pen. Code, § 4900.)

          2)Requires a claim to VCGCB to be presented within a period of  
            two years after judgment of acquittal or discharge given, or  
            after pardon granted, or after release from imprisonment.   
            (Pen. Code, § 4901.)

          3)Requires VCGCB to fix a time and place for the hearing of the  
            claim and mail notice thereof to the claimant and to the AG at  
            least 15 days prior to the time fixed for the hearing.  (Penal  
            Code Section 4902.)

          4)States that at the hearing, the claimant shall introduce  
            evidence in support of the claim, and the Attorney General  
            (AG) may introduce evidence in opposition thereto.  The  
            claimant must prove the facts set forth in the statement  
            constituting the claim, including the following:

             a)   The fact that the crime with which he or she was charged  
               was either not committed at all, or, if committed, was not  
               committed by him or her; 

             b)   The fact that he or she did not, by any act or omission  
               on his or her part, intentionally contribute to the  
               bringing about of his or her arrest or conviction for the  








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               crime with which he or she was charged; and, 

             c)   The pecuniary injury sustained by him or her through his  
               or her erroneous conviction and imprisonment.  (Pen. Code,  
               § 4903.)

          5)States if the evidence proves all of the above, VCGCB shall  
            report the facts of the case and its conclusions to the  
            Legislature, with a recommendation that an appropriation be  
            made by the Legislature for the purpose of indemnifying the  
            claimant for the pecuniary injury.  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.  (Pen. Code, § 4904.)

          6)States that every person who is unlawfully imprisoned or  
            restrained of his liberty, under any pretense whatever, to  
            prosecute a writ of habeas corpus, to inquire into the cause  
            of such imprisonment or restraint.  (Pen. Code, § 1473, subd.  
            (a).)

          7)Provides that a writ of habeas corpus may be prosecuted for,  
            but not limited to, the following reasons (Pen. Code, § 1473,  
            subd. (b)):

             a)   False evidence that is substantially material or  
               probative on the issue of guilt or punishment was  
               introduced against a person at any hearing or trial  
               relating to his incarceration; or,

             b)   False physical evidence, believed by a person to be  
               factual, probative, or material on the issue of guilt,  
               which was known by the person at the time of entering a  
               plea of guilty, which was a material factor directly  
               related to the plea of guilty by the person.

          8)States that nothing in the provisions authorizing a writ of  








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            habeas corpus shall be construed as limiting the grounds for  
            which a writ of habeas corpus may be prosecuted or as  
            precluding the use of any other remedies.  (Pen. Code, § 1473,  
            subd. (d).)

          9)Provides that the application for the writ is made by  
            petition, signed either by the party for whose relief it is  
            intended, or by some person in his behalf, and must specify  
            (Pen. Code, § 1474):

             a)   That the person in whose behalf the writ is applied for  
               is imprisoned or restrained of his liberty, the officer or  
               person by whom he is so confined or restrained, and the  
               place where, naming all the parties, if they are known, or  
               describing them, if they are not known; 

             b)   If the imprisonment is alleged to be illegal, the  
               petition must also state in what the alleged illegality  
               consists; and,

             c)   The petition must be verified by the oath or affirmation  
               of the party making the application.

          10)  States that the writ must be directed to the person having  
            custody of or restraining the person on whose behalf the  
            application is made, and must command him to have the body of  
            such person before the Court or Judge before whom the writ is  
            returnable, at a time and place therein specified.  (Pen.  
            Code, § 1477.)

          11)  Requires the person upon whom the writ is served must state  
            in his return, plainly and unequivocally (Pen. Code, § 1480):

             a)   Whether he has or has not the party in his custody, or  
               under his power or restraint;

             b)   If he has the party in his custody or power, or under  
               his restraint, he must state the authority and cause of  
               such imprisonment or restraint;








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             c)   If the party is detained by virtue of any writ, warrant,  
               or other written authority, a copy thereof must be annexed  
               to the return, and the original produced and exhibited to  
               the Court or Judge on the hearing of such return; and,

             d)   If the person upon whom the writ is served had the party  
               in his power or custody, or under his restraint, at any  
               time prior or subsequent to the date of the writ of habeas  
               corpus, but has transferred such custody or restraint to  
               another, the return must state particularly to whom, at  
               what time and place, for what cause, and by what authority  
               such transfer took place;

             e)   The return must be signed by the person making the same,  
               and, except when such person is a sworn public officer, and  
               makes such return in his official capacity, it must be  
               verified by his oath.

          12)  Requires the Court or Judge before whom the writ is  
            returned, immediately after the return, to proceed to hear and  
            examine the return, and such other matters as may be properly  
            submitted to their hearing and consideration.  (Pen. Code, §  
            1483.)

          13)  States that the party brought before the Court or Judge, on  
            the return of the writ, may deny or controvert any of the  
            material facts or matters set forth in the return, or except  
            to the sufficiency thereof, or allege any fact to show either  
            that his imprisonment or detention is unlawful, or that he is  
            entitled to his discharge. The Court or Judge must thereupon  
            proceed in a summary way to hear such proof as may be produced  
            against such imprisonment or detention, or in favor of the  
            same, and to dispose of such party as the justice of the case  
            may require, and have full power and authority to require and  
            compel the attendance of witnesses, by process of subpoena and  
            attachment, and to do and perform all other acts and things  
            necessary to a full and fair hearing and determination of the  
            case.  (Pen. Code, § 1484.)








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          14)  States if no legal cause is shown for such imprisonment or  
            restraint, or for the continuation thereof, such Court or  
            Judge must discharge such party from the custody or restraint  
            under which he is held.  (Pen. Code, § 1485.)



          FISCAL EFFECT:  Unknown





          COMMENTS:  



          1)Author's Statement:  According to the author, " Senate Bill  
            635 is a long overdue effort to help address perhaps the  
            greatest nightmare that can occur in the American justice  
            system: the wrongful conviction and incarceration of an  
            innocent person. This bill would modestly increase the amount  
            an exonerated person receives in restitution compensation,  
            which has not been adjusted for inflation in nearly two  
            decades.



            "Following release, exonerees are faced with the overwhelming  
            task of reintegrating back into society. While even rightfully  
            convicted parolees receive a nominal amount of cash and  
            counseling that facilitate their re-entry into the public, the  
            fully exonerated are given very limited resources.













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            "In 2000, the Legislature passed AB 1799 (Baugh) with  
            overwhelming support. The bill increased potential  
            compensation for wrongful incarceration from a maximum of  
            $10,000 to a sum of $100 per day spent incarcerated. That  
            level of compensation remains unchanged 15 years later.





            "SB 635 increases the amount of compensation that an exoneree  
            can receive following the finding of his or her factual  
            innocence. Recompense would be $140.00 per day spent  
            incarcerated. According to the Bureau of Labor Statistics,  
            this increase corresponds to inflation.





            "The fundamental rights to life, liberty and the pursuit of  
            happiness are enshrined in the Declaration of Independence.  
            Americans are recognized globally for their willingness to  
            defend their own freedoms and those of others. But sometimes  
            that commitment to defend freedom must be directed inward,  
            when our own justice system erroneously takes those precious  
            rights from an individual. Taking moral responsibility for  
            one's own errors is a key attribute of a truly just society.





            "As a former Chairman of the Board of Prison Terms, I have  
            seen many people who deserve to spend the rest of their lives  
            behind bars because of their vicious crimes against society.  
            However, in cases where an innocent person has been wrongly  
            accused and incarcerated, we as a society have the  
            responsibility to acknowledge that our system is not perfect  








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            and they deserve compensation to get their lives back in  
            order"



          2)Prior Legislation:  AB 1799 (Baugh), Chapter 630, Statutes of  
            1999, removed the $10,000 limitation on the recommended  
            appropriation for a person wrongly convicted, and made the  
            recommended compensation $100 for each day of incarceration.



          REGISTERED SUPPORT / OPPOSITION:





          Support


          


          California Innocence Project (Co-sponsor)


          Northern California Innocence Project (Co-sponsor)
          American Civil Liberties Union
          California Public Defenders Association
          Legal Services for Prisoners with Children



          Opposition


          









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          None





          Analysis Prepared by:Gregory Pagan / PUB. S. / (916)  
          319-3744