Today's Law As Amended


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SB-1050 Exonerated inmates.(2017-2018)



As Amends the Law Today
As Amends the Law on Nov 08, 2018


SECTION 1.

 Section 290.007 of the Penal Code is amended to read:

290.007.
 A person required to register pursuant to any provision of the Act shall register in accordance with the Act, regardless of whether the person’s conviction has been dismissed pursuant to Section 1203.4, unless the person obtains a certificate of rehabilitation and is entitled to relief from registration pursuant to Section 290.5, or is exonerated pursuant to subdivision (e) of Section 3007.05 of the conviction requiring registration and the person is not otherwise required to register.

SEC. 2.

 Section 3007.05 of the Penal Code is amended to read:

3007.05.
 (a) (1)  The Department of Corrections and Rehabilitation and the Department of Motor Vehicles shall ensure that an eligible inmate, as defined under subdivision (b), released from a state prison has a valid identification card, 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.
(2) To the extent administratively feasible and within available resources, the Department of Corrections and Rehabilitation shall facilitate the process between the inmate and the agencies holding documentation required for an inmate identified under subdivision (b) to obtain a California identification card, such as a birth certificate or social security number, including, but not limited to, the provision of any necessary notary services, assistance with obtaining necessary forms, and correspondence.
(b) For purposes of this section, “eligible inmate” means an inmate who is applying for an original or replacement identification card and  meets all of the requirements described under subdivision (c) or (d). following requirements: 
(c)  (1) The inmate has previously held a California driver’s license or identification card.
(2) (A)  The inmate has a usable photo on file with the Department of Motor Vehicles. Vehicles that is not more than 10 years old. 
(B) (3)  If the photo is deemed unusable, the inmate shall have a new photo taken. The inmate has no outstanding fees due for a prior California identification card. 
(3) (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.
(E) California residency.
(d) (1) The inmate has not previously held a California driver’s license or identification card.
(2) The inmate has signed and verified their application for an identification card under the penalty of perjury.
(3) The inmate has a usable photo taken.
(4) The inmate has provided a legible print of their thumb or finger.
(5) The inmate has provided acceptable proof of the information described under subparagraphs (A) to (E), inclusive, of paragraph (3) of subdivision (c), and that information is subject to verification by the Department of Motor Vehicles.
(e) The fee for an original or replacement identification card issued to an eligible inmate pursuant to this section shall be consistent with the fee set forth under subdivision (h) of Section 14902 of the Vehicle Code.
(f) (1) The Department of Corrections and Rehabilitation and Department of Motor Vehicles may provide a renewed driver’s license in lieu of an identification card if the inmate meets the eligibility criteria specified in Section 12814.5 of the Vehicle Code and is otherwise eligible for the issuance of a driver’s license. An inmate receiving a driver’s license shall be responsible for paying the difference between the cost of the driver’s license and the reduced fee for a California identification card.
(2) This subdivision shall apply to an inmate whose driving privilege was valid within the prior 10 years.
(3) Nothing in this section shall be interpreted as removing the examination discretion of the Department of Motor Vehicles under Section 12814 of the Vehicle Code.
(g) If a valid California identification card is not obtained before release, the Department of Corrections and Rehabilitation shall provide the inmate with a photo prison identification card. It is the intent of the Legislature that as many inmates as possible be provided with a valid California identification card or driver’s license.
(h) (c)  The Department of Corrections and Rehabilitation shall assist a person who is exonerated as to a conviction for which the person  he or she  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 Section 2015(o) 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 Section 2015(o)(6) 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 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.
(i) (d)  (1)  In addition to any other payment to which the person  he or she  is entitled to by law, a 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.  
(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, hotel costs, mortgage expenses, a downpayment, security deposit, or any payment necessary to secure and maintain rental housing or other housing accommodations. The exonerated person shall also be entitled to receive direct payment or reimbursement for reasonable housing costs for a period of not more than four years following release from custody. The Department of Corrections and Rehabilitation shall disburse payments or reimbursements pursuant to this paragraph from funds to be made available upon appropriation by the Legislature for this purpose.
(3) As used in paragraph (2), the term “reasonable housing costs” means all of the following:
(A) For hotel costs, the cost of lodging, not to exceed 25 percent above the federal General Services Administration’s per diem lodging reimbursement rate.
(B) For payments necessary to secure and maintain rental housing, both of the following:
(i) The actual cost of any security deposits necessary to secure a rental housing unit.
(ii) The cost of rent, not to exceed 25 percent above the fair market value as defined by the United States Department of Housing and Urban Development.
(C) For mortgage expenses, the cost of mortgage payments, not to exceed 25 percent above the Federal Housing Administration’s area loan limits.
(j) (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 the person  he or she  was incarcerated or following a determination that the person is entitled to release on the person’s  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.
SEC. 3.
 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.