BILL ANALYSIS Ó SB 635 Page 1 Date of Hearing: August 19, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 635 (Nielsen) - As Amended April 29, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 SB 635 Page 2 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 SB 635 Page 3 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 Page 4 319-2081