BILL ANALYSIS Ó
SB 635
Page 1
SENATE THIRD READING
SB
635 (Nielsen and Leno)
As Amended September 3, 2015
Majority vote
SENATE VOTE: 40-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Public Safety |7-0 |Quirk, Melendez, | |
| | |Jones-Sawyer, Lackey, | |
| | |Lopez, Low, Santiago | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Appropriations |17-0 |Gomez, Bigelow, Bloom, | |
| | |Bonta, Calderon, | |
| | |Chang, Nazarian, | |
| | |Eggman, Gallagher, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Holden, Jones, Quirk, | |
| | |Rendon, Wagner, Weber, | |
| | |Wood | |
| | | | |
| | | | |
SB 635
Page 2
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SUMMARY: Increases the compensation rate for innocent persons
who were wrongly convicted of a crime. Specifically, this bill:
1)Increases the compensation for innocent persons who were
wrongly convicted from $100 per day of wrongful incarceration
to $140 per day.
2)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.
3)Deletes the requirement that a wrongly convicted person
sustain a pecuniary loss in order to receive compensation.
EXISTING LAW:
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
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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.
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.
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
Attorney General (AG) at least 15 days prior to the time fixed
for the hearing.
4)States that at the hearing, the claimant shall introduce
evidence in support of the claim, and the 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
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.
5)States if the evidence proves all of the above, VCGCB shall
report the facts of the case and its conclusions to the
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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.
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.
7)Provides that a writ of habeas corpus may be prosecuted for,
but not limited to, the following reasons:
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
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.
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:
a) That the person in whose behalf the writ is applied for
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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.
11) Requires the person upon whom the writ is served must state
in his return, plainly and unequivocally:
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;
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
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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.
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.
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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, potentially significant increase in erroneous
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conviction compensation payments in the range of $148,000 to
$517,000 (General Fund) 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
of pecuniary loss.
COMMENTS: 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
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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.
"In 2000, the Legislature passed AB 1799 (Baugh), Chapter 630,
Statutes of 2000, 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 and they deserve
compensation to get their lives back in order"
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Analysis Prepared by:
Gregory Pagan / PUB. S. / (916) 319-3744 FN:
0002044