Today's Law As Amended


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



As Amends the Law Today


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.