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)  








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          319-2081