BILL ANALYSIS Ó SB 635 Page 1 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: SB 635 Page 2 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 SB 635 Page 3 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 SB 635 Page 4 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; SB 635 Page 5 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.) SB 635 Page 6 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. SB 635 Page 7 "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 SB 635 Page 8 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 SB 635 Page 9 None Analysis Prepared by:Gregory Pagan / PUB. S. / (916) 319-3744