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PDF AB-701 Prisoners: exoneration: housing costs.(2019-2020)
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Votes AB701:v98#DOCUMENT

Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 701


Introduced by Assembly Member Weber

February 19, 2019


An act to amend Section 68566 of the Government Code, relating to courts. An act to amend Section 3007.05 of the Penal Code, relating to exonerated prisoners.


LEGISLATIVE COUNSEL'S DIGEST


AB 701, as amended, Weber. Court interpreters. Prisoners: exoneration: housing costs.
Existing law requires the Department of Corrections and Rehabilitation to assist a person who is exonerated as to a conviction for which the person is serving a state prison sentence in accessing specified public services, including enrollment in the CalFresh and Medi-Cal programs. Existing law requires a person who is exonerated to be paid the sum of $1,000 upon release from funds to be made available upon appropriation by the Legislature for this purpose.
This bill would additionally require the payment of $5,000 to a person who is exonerated, upon release, to be used to pay for housing and would entitle the exonerated person to receive direct payment or reimbursement for reasonable housing costs for a period of not less than one year and not more than 4 years. The bill would require the department to approve these payments and reimbursements from funds to be made available upon appropriation by the Legislature for this purpose.

Existing law requires a person who interprets in a court proceeding to be a certified court interpreter for the language used. Existing law designates a person who meets specified criteria as a “certified court interpreter” and prohibits any other person or entity from using that title.

This bill would make technical, nonsubstantive changes to those provisions.

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

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 the person is serving a state prison sentence at the time of exoneration with 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.
(3) (A) 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.
(B) Exonerated persons who are ineligible for CalFresh benefits pursuant to the federal Supplemental Nutrition Assistance Program limitation specified in subsection (o) of Section 2015 of Title 7 of the United States Code shall be given priority for receipt of the 15-percent exemption specified in paragraph (6) of subsection (o) of Section 2015 of Title 7 of the United States Code. The State Department of Social Services shall issue guidance to counties regarding that requirement.
(4) Referral to the Employment Development Department and applicable regional planning units for workforce services.
(5) Enrollment in the federal supplemental security income benefits program pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program pursuant to Title XVI of the federal Social Security Act and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(d) (1) In addition to any other payment to which he or she the person is entitled to by law, each a 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.
(2) In addition to any other payment to which the person is entitled to by law, a person who is exonerated shall be paid the sum of five thousand dollars ($5,000) upon release, to be used for housing, including, but not limited to, a down payment, security deposit, or any payment necessary to secure rental housing accommodations. The exonerated person shall also be entitled to receive direct payment or reimbursement for reasonable housing costs for a period of not less than one year and not more than four years following release from custody. Payment for reimbursement pursuant to this paragraph is permitted for any rent or mortgage expense, hotel costs, or other housing accommodations. The Department of Corrections and Rehabilitation shall approve payments or reimbursements pursuant to this paragraph from funds to be made available upon appropriation by the Legislature for this purpose.
(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 the person was incarcerated or following a determination that the person is entitled to release on his or her the person’s 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.

SECTION 1.Section 68566 of the Government Code is amended to read:
68566.

(a)A natural person who (1) holds a valid certificate as a certified court interpreter issued by a certification entity approved by the Judicial Council, or (2) until January 1, 1996, was named and maintained on the list of recommended court interpreters previously established by the State Personnel Board or established by an entity provisionally approved under subdivision (b) of Section 68562, shall be designated a “certified court interpreter.”

(b)A person or entity that does not meet the criteria set forth in subdivision (a) shall not use the title “certified court interpreter” and shall not represent that the person or entity is certified to interpret in or for the courts.