Bill Text

Bill Information


PDF |Add To My Favorites |Track Bill | print page

SB-1076 Factual innocence: compensation and services.(2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/19/2020 09:00 PM
SB1076:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1076


Introduced by Senator Bradford

February 19, 2020


An act to amend Section 4904 of, to add Sections 1203.95, 4907, and 4908 to, and to add Chapter 16 (commencing with Section 1425) to Title 10 of Part 2 of, the Penal Code, relating to criminal procedure.


LEGISLATIVE COUNSEL'S DIGEST


SB 1076, as introduced, Bradford. Factual innocence: compensation and services.
Existing law establishes procedures for a wrongfully convicted person to seek compensation from the state for injury sustained by the person through erroneous conviction and imprisonment. Under existing law, those procedures require the California Victim Compensation and Government Claims Board to report the facts and its conclusions to the Legislature and recommend the Legislature make an appropriation for the indemnification of the claimant in the amount of $140 per day of incarceration. Existing law establishes a procedure that allows a person who was convicted of a felony and is currently serving a term of imprisonment to request DNA testing from the court.
This bill would provide reentry assistance for a person whose criminal conviction was vacated by a court and who was released from custody as a result. The bill would require a county board of supervisors to designate a local agency to assist a person with reentry services, as specified. The bill would provide that if DNA testing proves that the person is excluded from the field of possible perpetrators of the crime the person was convicted of committing, the court shall grant a motion to vacate the sentence and declare the person factually innocent of the crime. The bill would allow the prosecutor to file a motion to show cause why the motion to vacate should not be granted. The bill would require the court to order all records pertaining to that crime to be amended to redact the person’s name, and all references to the person, unless the person files an intent to file a civil action for wrongful conviction or a claim with the California Victim Compensation and Government Claims Board for injury sustained by erroneous conviction and imprisonment. The bill would require the Department of Justice to send a notice to all relevant law enforcement jurisdictions of factual innocence, as specified. This bill would require the California Victim Compensation and Government Claims Board to recommend that the Legislature make an appropriation to the claimant, in addition to the $140 per day of incarceration, in an amount that includes economic damages, including attorney’s fees and postrelease medical expenses. The bill would provide that an exonerated person is eligible for compensation for goods and services necessary for the person to meet basic needs and successfully reintegrate into society, as specified. The bill would allow private entities to be authorized to serve as case management agencies for exonerated persons, and would specify the responsibilities of these agencies. The bill would require that an authorized case management agency receive compensation annually for its reasonable administrative expenses. Because the bill would impose new requirements on local government and local law enforcement agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 1203.95 is added to the Penal Code, to read:

1203.95.
 (a) A person whose criminal conviction has been vacated by a court, either on direct appeal or a petition for habeas corpus, and the person has been released from custody because of that court decision, is eligible for services under this section.
(b) If any person serving a state prison sentence has been released from custody because of a court decision vacating the person’s criminal conviction, all the following shall occur:
(1) The Department of Corrections and Rehabilitation shall provide the wrongfully convicted person with release funds pursuant to Section 2713.1.
(2) The clerk of the court in which the conviction was vacated shall send notice by certified mail to the agency designated to provide reentry assistance to any person described in subdivision (a) by the board of supervisors for the county in which the person intends to reside. The notice shall inform the agency that the person may be eligible for reentry assistance and shall provide contact information for the person and the person’s attorney. The attorney representing the person shall assist the clerk in determining the county in which the person intends to reside. The clerk shall send the notice within two business days of the court’s decision vacating the conviction. If, within two business days, the clerk has not been able to identify the county in which the person intends to reside, then the clerk shall send the notice to the county of conviction.
(3) The agency designated by a county board of supervisors shall secure a case manager for the person within 14 days of receiving notice of the person’s release, unless the person declines the assistance of a case manager or the agency determines that the person intends to reside in another county. The agency shall also secure a case manager within 14 days of a written request for services from either a person described in subdivision (a) who initially declined the assistance of a case manager, if the request is received by the agency within one year of their release from custody, or a person described in subdivision (a) who was released between January 1, 2010, and the effective date of this statute. The case manager shall not be a parole agent, probation officer, or other law enforcement officer, and shall not be a staff person of the Department of Corrections and Rehabilitation. If the agency determines that the person intends to reside in another county, the agency shall immediately send notice by certified mail to that other county’s designated agency notifying the agency that the person may be eligible for reentry service.
(c) Upon the request of a person described in subdivision (a), a local county social service agency shall provide the person with the assistance of a case manager for a period of two years from the date of the assignment of the case manager to the person.
(d) The case manager for the person shall do all of the following:
(1) Conduct a risk and needs assessment for the person and the person’s family.
(2) In consultation with one or more organizations that advocate for the wrongfully convicted, develop a reentry plan for the person.
(3) For two years, assist the person and their family by identifying and referring the person to needed services, including, but not limited to, housing, psychological counseling, medical services, and vocational training, based on the reentry plan. The case manager shall refer the person to service providers that already provide services in the county. Nothing in this section requires the local county social services agency to fund additional services specifically for a person described in subdivision (a), beyond provision of the case manager, though a county social services agency is not prohibited from doing so if it so chooses.
(e) By April 1, 2022, every county board of supervisors shall designate an agency to assist a person described in subdivision (a) with reentry services. The designated agency may be the county social services department, the county health department, or a qualified nonprofit organization. The designated agency shall not be a probation department or a law enforcement agency. The board of supervisors shall post contact information about the designated agency on the county internet website and shall send the name and contact information of the designated agency to the Administrative Office of the Courts.

SEC. 2.

 Chapter 16 (commencing with Section 1425) is added to Title 10 of Part 2 of the Penal Code, to read:
CHAPTER  16. Exonerated Persons

1425.
 (a) If a person currently serving a term of imprisonment for a felony is granted a motion for DNA testing pursuant to Section 1405 and the DNA test proves that the person is excluded from the field of possible perpetrators of that felony, the court that granted the motion for testing shall do both of the following:
(1) Upon motion of the person, or on its own motion, grant a motion to vacate the sentence and declare the person factually innocent of the crime.
(2) Notify the person that they are authorized to present a claim against the California Victim Compensation and Government Claims Board for pecuniary injury sustained due to the erroneous conviction and incarceration before and after conviction, pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3.
(b) If a court grants a motion to vacate pursuant to paragraph (1) of subdivision (a), the prosecuting attorney may, within 10 days of the motion being granted, file a motion for an order to show cause why the motion to vacate should not be granted.
(c) A person described in subdivision (a) shall notify the court at the time the motion to vacate is granted if the person intends to file a civil action for wrongful conviction or a claim pursuant to paragraph (2) of subdivision (a). If the person declares their intention to file an action or claim, the court shall seal all records relating to the arrest and conviction, and those records shall be retained and not destroyed pending resolution of the action or claim.
(d) (1) Unless the person has declared their intention to file an action or claim as provided in subdivision (c), the court shall, within 10 days of granting a motion to vacate pursuant to paragraph (1) of subdivision (a), order the Department of Justice to, within 30 days, redact the name of, and remove all references to, that person, in records relating to the crime of which the person was erroneously convicted.
(2) The Department of Justice shall, within 10 days of receiving the order pursuant to paragraph (1), send to all relevant local law enforcement jurisdictions a notice of the declaration of factual innocence, and a request to, within 30 days, redact the name of, and remove all references to, that person, in all records in their possession relating to the crime of which the person was erroneously convicted.
(3) Any local law enforcement jurisdiction that receives a notice specified in paragraph (2) shall report back to the department as soon as the redaction and removal has been accomplished. The report may be made as part of any other periodic report otherwise required to be made to the department in that time period.
(4) The Department of Justice shall, after redacting the records pursuant to paragraph (1) or receiving a report of redaction pursuant to paragraph (3), notify the person that their name, and all references to them in records relating to the crime of which the person was erroneously convicted have, in fact, been redacted or removed.
(e) The district attorney may request that the court order any relevant arrest and criminal records to be sealed and preserved, pending an investigation of the crime for which the person was erroneously convicted, as long as that person’s name is redacted from those records. Those records shall not be released without prior court approval.
(f) In all cases in which a motion to vacate has been granted under this chapter, it shall operate to do the following for the wrongfully convicted person:
(1) Restore to the person all the rights, privileges, and franchises of which they have been deprived in consequence of that conviction or by reason of any matter involved in the conviction.
(2) Relieve the person of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for employment or public office, for licensure by any state or local agency, or for contracting with the California State Lottery.

SEC. 3.

 Section 4904 of the Penal Code is amended to read:

4904.
 If the evidence shows that the crime with which the claimant was charged was either not committed at all, or, if committed, was not committed by the claimant, and that the claimant has sustained injury through his or her their erroneous conviction and imprisonment, the California Victim Compensation Board shall report the facts of the case and its conclusions to the next Legislature, with a recommendation that the Legislature make an appropriation for the purpose of indemnifying the claimant for the injury. The amount of the appropriation recommended shall be a sum equivalent to one hundred forty dollars ($140) per day of incarceration served, and shall include any time spent in custody, including in a county jail, that is considered to be part of the term of incarceration. incarceration, and economic damages, including, but not limited to, reasonable attorney’s fees associated with the claimant’s criminal defense and efforts to prove their innocence, and medical expenses required after release. That appropriation shall not be treated as gross income to the recipient under the Revenue and Taxation Code.

SEC. 4.

 Section 4907 is added to the Penal Code, to read:

4907.
 (a) The Legislature finds and declares that it is in the public interest to assist persons released from prison by reason of having been exonerated of their crimes based on a finding of factual innocence pursuant to Section 851.8 or 1425, and who are eligible to present claims for compensation pursuant to this chapter, with obtaining compensation for goods and services to assist them in meeting basic needs prior to receiving any indemnification under Section 4904.
(b) For the purposes of this section and Section 4908, “exonerated person” means a person who is eligible to present a claim for compensation pursuant to this chapter.
(c) An exonerated person shall be eligible for compensation for goods and services necessary for the person to meet basic needs and successfully reintegrate into society. Those goods and services may include, without limitation, medical services, mental health counseling, housing, transportation, food, clothing, educational and vocational counseling, job training, job placement, and any other goods and services that a case management agency authorized pursuant to Section 4908 deems necessary.
(d) An exonerated person shall be eligible for compensation pursuant to subdivision (c) for up to three years from the date of their release from prison, if deemed necessary, or until the date that the person receives indemnification pursuant to Section 4904, whichever occurs first.
(e) The Department of Corrections and Rehabilitation shall notify each exonerated person, at or before the time that the person is released from prison, of their eligibility for compensation under this chapter.
(f) Claims under this section, and administrative costs associated therewith, shall be paid to the extent that funds are appropriated for that purpose in the Budget Act.
(g) This section shall apply to persons who were exonerated before the effective date of this section to the same extent as to persons exonerated on or after that date.

SEC. 5.

 Section 4908 is added to the Penal Code, to read:

4908.
 (a) Private entities may be authorized to serve as case management agencies for exonerated persons. An entity shall not be authorized to serve as a case management agency unless its primary function is to serve exonerated persons, it provides individualized case management, and it specializes in assisting exonerated persons to rebuild their lives.
(b) An authorized case management agency shall be responsible for identifying goods and services needed by an exonerated person and compensable under subdivision (c) of Section 4907, purchasing those goods and services on behalf of the exonerated person, and submitting claims for compensation for those goods and services.
(c) In addition to receiving compensation for goods and services purchased for an exonerated person under subdivision (b), an authorized case management agency shall receive compensation annually for its reasonable administrative expenses.

SEC. 6.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.