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AB-702 Counsel representing indigent defendants: payment.(2019-2020)

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Date Published: 04/03/2019 09:00 PM
AB702:v97#DOCUMENT

Amended  IN  Assembly  April 03, 2019
Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 702


Introduced by Assembly Member Weber

February 19, 2019


An act to add Section 13957.10 to the Government Code, relating to victim compensation, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 702, as amended, Weber. Counsel representing indigent defendants: payment.
Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and limits on the amount of compensation the board may award, and requires the application for compensation to be verified under penalty of perjury.
This bill would require the board to provide reimbursement from the fund to any exonerated individual, as defined, for mental health services, as specified.
By expanding the authorizations for use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13957.10 is added to the Government Code, to read:

13957.10.
 (a) The board shall reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration, in accordance with this section.
(b) If a person was incarcerated for less than three years, the board shall reimburse the person for services for no less than one year.
(c) If a person was incarcerated for three or more years, the board shall reimburse the person for services for no less than two years.
(d) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.
(e) The board shall provide payment or reimbursement no more than 30 days after a claim is submitted.
(f) As used in this section, an “exonerated person” is a person who was convicted and subsequently one of the following occurred:
(1) A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the person’s conviction was reversed on appeal on the basis of insufficient evidence.
(2) A writ of habeas corpus concerning the person was granted pursuant to Section 1473 of the Penal Code, resulting in dismissal of the criminal charges for which they were incarcerated.
(3) The person was granted an absolute pardon by the Governor on the basis that the person was innocent.
(g) The direct payment or reimbursement to which an exonerated person is entitled pursuant to this section is in addition to any other services provided to an exonerated person pursuant to Section 3007.05 of the Penal Code.