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SB-1050 Exonerated inmates: transitional services.(2017-2018)

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Date Published: 03/21/2018 09:00 PM
SB1050:v98#DOCUMENT

Amended  IN  Senate  March 21, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1050


Introduced by Senator Lara Senators Lara and Mitchell

February 12, 2018


An act to amend Section 4900 of the Penal Code, relating to criminal procedure. An act to amend Section 3007.05 of the Penal Code, relating to inmates.


LEGISLATIVE COUNSEL'S DIGEST


SB 1050, as amended, Lara. Criminal procedure: erroneous convictions. Exonerated inmates: transitional services.
Existing law requires the Department of Corrections and Rehabilitation to assist a person who is exonerated as to a conviction for which he or she is serving a state prison sentence with transitional services, including housing assistance, job training, and mental health services, as applicable, at the time he or she is exonerated.
This bill would require that transition services be offered within the first week of an individual’s exoneration and again within the first 30 days of exoneration. The bill would require the department to assist the exonerated person with enrollment in Medi-Cal and referral to the Employment Development Department and applicable regional planning units for workforce services. The bill would require the department to assist the exonerated person with enrollment in CalFresh and would extend eligibility for an exonerated person without employment to one year. To the extent that the bill would expand eligibility for CalFresh, which is administered by counties, the bill would impose a state-mandated local program.
The bill would require each exonerated person to be paid the sum of $1,000 upon release, from funds to be made available upon appropriation by the Legislature for this purpose. The bill would require the department to notify the Department of Justice that a person meets the definition of exonerated no later than the date the department releases the person from custody. The bill would require the department to immediately update the person’s state summary criminal history information with a notation that the person meets the definition of exonerated.
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.

Existing law provides procedures for a person to make a claim for pecuniary damages for wrongful conviction and incarceration if, among other circumstances, the person has secured a declaration of factual innocence from the court, if the court has found the person factually innocent, or if the person was granted a pardon by the Governor, as specified.

This bill would make a technical, nonsubstantive change to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 3007.05 of the Penal Code is amended to read:

3007.05.
 (a) The Department of Corrections and Rehabilitation and the Department of Motor Vehicles shall ensure that all eligible inmates released from state prisons have valid identification cards, issued pursuant to Article 5 (commencing with Section 13000) of Chapter 1 of Division 6 of the Vehicle Code.
(b) For purposes of this section, “eligible inmate” means an inmate who meets all of the following requirements:
(1) The inmate has previously held a California driver’s license or identification card.
(2) The inmate has a usable photo on file with the Department of Motor Vehicles that is not more than 10 years old.
(3) The inmate has no outstanding fees due for a prior California identification card.
(4) The inmate has provided, and the Department of Motor Vehicles has verified, all of the following information:
(A) The inmate’s true full name.
(B) The inmate’s date of birth.
(C) The inmate’s social security number.
(D) The inmate’s legal presence in the United States.
(c) The Department of Corrections and Rehabilitation shall assist a person who is exonerated as to a conviction for which he or she is serving a state prison sentence at the time of exoneration with transitional services, including housing assistance, job training, and mental health services, as applicable. The extent of the services shall be determined by the department and shall be provided for a period of not less than six months and not more than one year from the date of release. all of the following:
(1) Transitional services, including housing assistance, job training, and mental health services, as applicable. The services shall be offered within the first week of an individual’s exoneration and again within the first 30 days of exoneration. Services shall be provided for a period of not less than six months and not more than one year from the date of release unless the exonerated person qualifies for services beyond one year under existing law.
(2) Enrollment in the Medi-Cal program established pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, for the individual and any qualified family members.
(3) Enrollment in the CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code. To the extent permitted by federal law, notwithstanding any other law, eligibility for an exonerated individual without employment is extended to one year.
(4) Referral to the Employment Development Department and applicable regional planning units for workforce services.
(d) In addition to any other payment to which he or she is entitled to by law, each person who is exonerated shall be paid the sum of one thousand dollars ($1,000) upon his or her release, from funds to be made available upon appropriation by the Legislature for this purpose.

(d)

(e) For the purposes of this section, “exonerated” means the person has been 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, either resulting in dismissal of the criminal charges for which he or she was incarcerated or following a determination that the person is entitled to release on his or her own recognizance, or to bail, pending retrial or pending appeal.
(3) The person was given an absolute pardon by the Governor on the basis that the person was innocent.
(f) (1) The department shall notify the Department of Justice that a person meets the definition of “exonerated” as defined in subdivision (e) no later than the date the department releases the person from custody.
(2) Upon receiving notice pursuant to paragraph (1), the Department of Justice shall immediately update the person’s state summary criminal history information with a notation that the person meets the definition of “exonerated” as defined in subdivision (e).

SEC. 2.

 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.
SECTION 1.Section 4900 of the Penal Code is amended to read:
4900.

A person who, having been convicted of any crime against the state amounting to a felony and imprisoned in the state prison or incarcerated in county jail pursuant to subdivision (h) of Section 1170 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 either of the foregoing reasons, shall have served the term or any part thereof for which he or she was imprisoned in state prison or incarcerated in county jail, may, under the conditions provided under this chapter, present a claim against the state to the California Victim Compensation Board for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment or incarceration.