BILL ANALYSIS Ó
SB 635
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Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 635
(Nielsen) - As Amended April 29, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill 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
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included in the calculation of compensation for the wrongful
imprisonment. This bill would also expand the scope of a
compensable injury to include non-pecuniary injuries.
FISCAL EFFECT:
Potentially significant increase in erroneous conviction
compensation payments in the range of $148,000 to $517,000 (GF)
per claim paid, as follows:
1)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.
2)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.
3)New claims of $517,000 per claim on average, 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 Victim Compensation and Government
Claims Board indicates one claim in 2014 was denied for lack
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of pecuniary loss.
COMMENTS:
1)Purpose/Background. SB 635 increases the amount of
compensation that an exoneree can receive following the
finding of his or her factual innocence. The rate in SB 635 is
$140 per day spent incarcerated, which has not been increased
from $100 per day since 2000. According to the Bureau of Labor
Statistics, this increase corresponds to inflation.
SB 635 also provides compensation for days served in custody,
including county jail, that is considered part of the term of
incarceration and removes the requirement of financial injury
to qualify for the compensation.
2)Support. Legal Services for Prisoners with Children, in
support, point out that the $140 per day rate brings the State
in alignment with the rates in Florida and Mississippi, and
the federal wrongful conviction rate.
3)Related Legislation. AB 1140 (Bonta), set to be heard this
month, amends the victim compensation program and increases
the compensation rate to $130 per day.
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
SB 635
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319-2081