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