Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates released from the state prison have valid identification cards. Existing law establishes certain criteria to be met in order for an inmate to be considered eligible for these purposes.

This bill would require 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 at the time of exoneration with transitional services, including housing assistance, job training, and mental health services, as applicable. The extent of the services would be determined by the department and would be provided for a period of not less than 6 months and not more than one year from the date of release.

Existing law requires the Department of Motor Vehicles to collect specified fees for the issuance, renewal, or replacement of a drivers license or identification card.

This bill would exempt from payment of those fees a person who was exonerated, and was released from state prison within the previous 6 months. The bill would also require the Department of Corrections and Rehabilitation to provide a form to any person who was exonerated, and would require that form to be presented to the Department of Motor Vehicles in order to qualify for the exemption.

Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates released from the state prison have valid identification cards. Existing law establishes certain criteria to be met in order for an inmate to be considered eligible for these purposes.

This bill would require 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 at the time of exoneration with transitional services, including housing assistance, job training, and mental health services, as applicable. The extent of the services would be determined by the department and would be provided for a period of not less than 6 months and not more than one year from the date of release.

Existing law requires the Department of Motor Vehicles to collect specified fees for the issuance, renewal, or replacement of a drivers license or identification card.

This bill would exempt from payment of those fees a person who was exonerated, and was released from state prison within the previous 6 months. The bill would also require the Department of Corrections and Rehabilitation to provide a form to any person who was exonerated, and would require that form to be presented to the Department of Motor Vehicles in order to qualify for the exemption.

Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates released from the state prison have valid identification cards. Existing law establishes certain criteria to be met in order for an inmate to be considered eligible for these purposes.

This bill would require 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 at the time of exoneration with transitional services, including housing assistance, job training, and mental health services, as applicable. The extent of the services would be determined by the department and would be provided for a period of not less than 6 months and not more than one year from the date of release.

Existing law requires the Department of Motor Vehicles to collect specified fees for the issuance, renewal, or replacement of a drivers license or identification card.

This bill would exempt from payment of those fees a person who was exonerated exonerated, and was released from state prison or county jail within the previous 6 months. The bill would also require the Department of Corrections and Rehabilitation to provide a form to any person who was exonerated, and would require that form to be presented to the Department of Motor Vehicles in order to qualify for the exemption.

Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates released from the state prison have valid identification cards. Existing law establishes certain criteria to be met in order for an inmate to be considered eligible for these purposes.

This bill would require the Department of Corrections and Rehabilitation to assist a person who was wrongfully convicted 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 would be determined by the department and would be provided for a period of not less than 6 months and not more than one year from the date of release.

Existing law requires the Department of Motor Vehicles to collect specified fees for the issuance, renewal, or replacement of a drivers license or identification card.

This bill would exempt from payment of those fees a person who was wrongfully convicted exonerated and was released from state prison or county jail within the previous 6 months.

Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates released from the state prison have valid identification cards. Existing law establishes certain criteria to be met in order for an inmate to be considered eligible for these purposes.

This bill would provide that those criteria are not applicable to a person who was wrongfully convicted and released from prison. The bill would require the Department of Corrections and Rehabilitation to assist a person who was wrongfully convicted with obtaining an identification card upon release from prison. The bill would also require the department to provide transitional services to that person, to include services, including housing assistance, job training, and mental health services, as applicable. The extent of the services would be determined by the department and would be provided for a period of not less than 6 months and not more than 2 years one year from the date of release.

Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates released from the state prison have valid identification cards. Existing law establishes certain criteria to be met in order for an inmate to be considered eligible for these purposes.

This bill would provide that those criteria are not applicable to a person who was wrongfully convicted and released from prison. The bill would require the Department of Corrections and Rehabilitation to assist a person who was wrongfully convicted with obtaining an identification card upon release from prison. The bill would also require the department to provide transitional services to that person, to include housing assistance, job training, and mental health services, as applicable. The extent of the services would be determined by the department and would be provided for a period of not less than 6 months and not more than 2 years from the date of release.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 672

Author:(Jones-Sawyer)

As Amended Ver:September 4, 2015

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Requires the California Department of Corrections and Rehabilitation (CDCR) to provide transitional services to exonerated persons upon their release.

The Senate amendments:

1. Title the provisions "Obie's Law."

2. Provide transitional services for exonerated persons instead of wrongfully convicted persons.

3. Define "exonerated" as a person has been convicted and subsequently either of the following has 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; or

   2. The person was given an absolute pardon by the governor on the basis that the person was innocent.

4. Require CDCR to provide a form for a driver's license or identification card fee exemption to any person who was exonerated and released from state prison within the prior six months.

5. Require the exonerated person to take the form, along with a copy of a court order, if provided by the court, to the Department of Motor Vehicles in order to qualify for the driver’s license or identification card fee exemption.

EXISTING LAW:

1. Requires CDCR and the Department of Motor Vehicles (DMV) to ensure that all eligible inmates released from prison have valid identification cards issued.

2. Requires CDCR to establish a case management reentry pilot program for offenders who are likely to benefit from case management reentry strategies designed to address homelessness, joblessness, mental disorders, and developmental disabilities among offenders transitioning from prison into the community.

3. Requires the court to inform a person whose conviction has been set aside based upon a determination that the person was factually innocent of the charge of the availability of indemnity for persons erroneously convicted and the time limitations for presenting those claims.

4. States that if a person has secured a declaration of factual innocence, the finding shall be sufficient grounds for compensation by the Victim Compensation and Government Claims Board (VCGCB). Upon application the VCGCB shall, without a hearing, recommend to the Legislature that an appropriation be made.

5. Provides that any person who, having been convicted of any crime against the state amounting to a felony and imprisoned in the state prison 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, may, as specified, present a claim against the state to the VCGCB for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment.

6. Gives erroneously convicted and pardoned individuals two years to file a claim against the state.

7. Sets the rate of compensation at $100 per day of incarceration served subsequent to the claimant's conviction, and specifies that this appropriation shall not be considered gross income for state tax purposes.

AS PASSED BY THE ASSEMBLY, this bill:

1. Required CDCR to provide transitional services to a wrongfully convicted person, including housing assistance, job training, and mental health services, as applicable.

2. Stated that the extent of the services is to be determined by CDCR.

3. Specified that the services shall be provided for a period of not less than six months and not more than one year from the date of release.

4. Prohibited charging a fee for the application of an original, renewal, or replacement driver's license or identification card issued to any wrongfully-convicted person released from prison or county jail within the previous six months.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. Potentially significant costs to CDCR of $180,000 to $360,000 (General Fund) annually to provide transitional services for six months to one year for eligible persons. This estimate reflects the cost to provide services for six months to one year for 10 persons per year.

2. Ongoing potential minor loss of fee revenue (Special Fund) to DMV due to the prohibition on charging initial, renewal, or replacement fees on driver’s licenses or identification cards issued to any person wrongfully convicted and released from state prison or county jail within the previous six months.

3. One-time minor costs of $15,000 (Special Fund) for DMV to reprogram its automation system to enable a waiver of fees for the specified population.

COMMENTS: According to the author, "AB 672 is intended to ensure that individuals who are released from prison after being wrongfully convicted, are able to access reentry services such as housing assistance or job training. This bill was inspired by Anthony Obie who after spending 17 years in prison for a crime he did not commit, was released in 2011 with just the clothes on his back and a few dollars in his pocket."

Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0002250

 THIRD READING  

Bill No: AB 672

Author: Jones-Sawyer (D)

Amended: 9/4/15 in Senate

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 11-0, 7/7/15

AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 7/14/15

AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

ASSEMBLY FLOOR: 79-0, 6/3/15 - See last page for vote

SUBJECT: Inmates: wrongful convictions: assistance upon release

SOURCE: California Attorneys for Criminal Justice

DIGEST: This bill requires the Department of Motor Vehicles (DMV) to issue a free driver’s license or identification card to an individual who was wrongfully convicted and has been released from state prison or county jail within the past six months.

Senate Floor Amendments of 9/4/15 clarify what information an individual must provide to the DMV in order to receive a free license or identification card pursuant to this bill.

ANALYSIS:

Existing law:

1. Authorizes DMV to charge a $26 application fee when issuing an identification card.

2. Requires DMV to issue a free identification card to an applicant 62 years of age or older.

3. Requires DMV to charge a reduced application fee of $6 to an individual with a current income level meeting the eligibility requirements for certain public assistance programs.

4. Requires DMV, effective January 1, 2016, to issue a free original or replacement identification card to an individual who can verify his or her status as homeless.

5. Requires the state Department of Corrections and Rehabilitation (CDCR) and DMV, effective January 1, 2015, to ensure that all eligible inmates released from state prisons have valid identification cards.

6. Authorizes DMV to charge a $33 application fee when issuing a driver’s license to an eligible applicant.

This bill:

1. Requires CDCR to assist an individual who was wrongfully convicted and has been released with transitional services, including housing assistance, job training, and mental health services, for a minimum of six months and a maximum of one year after the date of release.

2. Prohibits DMV from charging a fee for an original, renewal, or replacement driver’s license or identification card issued to any person who was wrongfully convicted and released from state prison or county jail within the prior six months.

Comments

Purpose. The author states that with the technological developments of DNA evidence and a growing number of Innocence Projects throughout the country, persons wrongfully convicted of crimes are receiving a second chance at life. According to the Los Angeles Times, a total of 1,493 wrongfully convicted inmates have been set free since the first DNA tests in 1989. However, after decades in prison, these individuals are sometimes released back into the community without any compensation or re-entry services. For example, in 2011, Obie Anthony, after being wrongfully convicted, was released from detention after spending 17 years in prison, with just the clothes on his back and a few dollars in his pocket. By contrast, parolees often receive assistance with various necessities such as food and clothing vouchers, benefits, job training, and housing placements. This bill will help ensure that wrongfully convicted individuals such as Obie Anthony receive transitional assistance back into the community.

How many individuals might this bill impact? California Attorneys for Criminal Justice, the source of this bill, notes that according to the University of Michigan’s National Registry of Exonerations, 24 persons have been exonerated in California since 1989.

Related/Prior Legislation

AB 1733 (Quirk-Silva, Chapter 764, Statutes of 2014), among other provisions, requires DMV to issue, without a fee, an original or replacement identification card to any individual who can verify his or her status as homeless.

AB 2308 (Stone, Chapter 607, Statutes of 2014) requires CDCR to ensure that all inmates released from state prisons have valid identification cards.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, this bill is likely to incur:

• Potentially significant costs to CDCR of $180,000 to $360,000 (General Fund) annually to provide transitional services for six months to one year for eligible persons. This estimate reflects the cost to provide services for six months to one year for 10 persons per year.

• Ongoing potential minor loss of fee revenue (Special Fund*) to DMV due to the prohibition on charging initial, renewal, or replacement fees on driver’s licenses or identification cards issued to any person wrongfully convicted and released from state prison or county jail within the previous six months.

• One-time minor costs of $15,000 (Special Fund*) for DMV to reprogram its automation system to enable a waiver of fees for the specified population.

*Motor Vehicle Account

SUPPORT: (Verified 9/4/15)

California Attorneys for Criminal Justice (source)

California Association of Code Enforcement Officers

California Catholic Conference of Bishops

California College and University Police Chiefs Association

California Narcotic Officers Association

Legal Services for Prisoners with Children

Los Angeles Police Protective League

National Association of Social Workers, California Chapter

Riverside Sheriffs Association

OPPOSITION: (Verified 9/4/15)

None received

ASSEMBLY FLOOR: 79-0, 6/3/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Thurmond

Prepared by: Erin Riches / T. & H. / (916) 651-4121

9/8/15 17:21:42

**** END ****

 THIRD READING  

Bill No: AB 672

Author: Jones-Sawyer (D)

Amended: 9/1/15 in Senate

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 11-0, 7/7/15

AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 7/14/15

AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

ASSEMBLY FLOOR: 79-0, 6/3/15 - See last page for vote

SUBJECT: Inmates: wrongful convictions: assistance upon release

SOURCE: California Attorneys for Criminal Justice

DIGEST: This bill requires the Department of Motor Vehicles (DMV) to issue a free driver’s license or identification card to an individual who was wrongfully convicted and has been released from state prison or county jail within the past six months.

ANALYSIS:

Existing law:

1. Authorizes DMV to charge a $26 application fee when issuing an identification card.

2. Requires DMV to issue a free identification card to an applicant 62 years of age or older.

3. Requires DMV to charge a reduced application fee of $6 to an individual with a current income level meeting the eligibility requirements for certain public assistance programs.

4. Requires DMV, effective January 1, 2016, to issue a free original or replacement identification card to an individual who can verify his or her status as homeless.

5. Requires the state Department of Corrections and Rehabilitation (CDCR) and DMV, effective January 1, 2015, to ensure that all eligible inmates released from state prisons have valid identification cards.

6. Authorizes DMV to charge a $33 application fee when issuing a driver’s license to an eligible applicant.

This bill:

1. Requires CDCR to assist an individual who was wrongfully convicted and has been released with transitional services, including housing assistance, job training, and mental health services, for a minimum of six months and a maximum of one year after the date of release.

2. Prohibits DMV from charging a fee for an original, renewal, or replacement driver’s license or identification card issued to any person who was wrongfully convicted and released from state prison or county jail within the prior six months.

Comments

Purpose. The author states that with the technological developments of DNA evidence and a growing number of Innocence Projects throughout the country, persons wrongfully convicted of crimes are receiving a second chance at life. According to the Los Angeles Times, a total of 1,493 wrongfully convicted inmates have been set free since the first DNA tests in 1989. However, after decades in prison, these individuals are sometimes released back into the community without any compensation or re-entry services. For example, in 2011, Obie Anthony, after being wrongfully convicted, was released from detention after spending 17 years in prison, with just the clothes on his back and a few dollars in his pocket. By contrast, parolees often receive assistance with various necessities such as food and clothing vouchers, benefits, job training, and housing placements. This bill will help ensure that wrongfully convicted individuals such as Obie Anthony receive transitional assistance back into the community.

How will DMV know who’s been exonerated? The author is continuing to work with DMV and CDCR to determine how the bill will be implemented, such as addressing how DMV will verify that an individual is in fact someone who has been released after being wrongfully convicted.

How many individuals might this bill impact? California Attorneys for Criminal Justice, the source of this bill, notes that according to the University of Michigan’s National Registry of Exonerations, 24 persons have been exonerated in California since 1989.

Amendments. This bill was amended in the Senate Appropriations Committee to name this bill as “Obie’s Law,” clarify the definition of “exonerated,” and make other technical and conforming changes.

Related/Prior Legislation

AB 1733 (Quirk-Silva, Chapter 764, Statutes of 2014), among other provisions, requires DMV to issue, without a fee, an original or replacement identification card to any individual who can verify his or her status as homeless.

AB 2308 (Stone, Chapter 607, Statutes of 2014) requires CDCR to ensure that all inmates released from state prisons have valid identification cards.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, this bill is likely to incur:

• Potentially significant costs to CDCR of $180,000 to $360,000 (General Fund) annually to provide transitional services for six months to one year for eligible persons. This estimate reflects the cost to provide services for six months to one year for 10 persons per year.

• Ongoing potential minor loss of fee revenue (Special Fund*) to DMV due to the prohibition on charging initial, renewal, or replacement fees on driver’s licenses or identification cards issued to any person wrongfully convicted and released from state prison or county jail within the previous six months.

• One-time minor costs of $15,000 (Special Fund*) for DMV to reprogram its automation system to enable a waiver of fees for the specified population.

*Motor Vehicle Account

SUPPORT: (Verified 8/31/15)

California Attorneys for Criminal Justice (source)

California Association of Code Enforcement Officers

California Catholic Conference of Bishops

California College and University Police Chiefs Association

California Narcotic Officers Association

Legal Services for Prisoners with Children

Los Angeles Police Protective League

National Association of Social Workers, California Chapter

Riverside Sheriffs Association

OPPOSITION: (Verified 8/31/15)

None received

ASSEMBLY FLOOR: 79-0, 6/3/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Thurmond

Prepared by: Erin Riches / T. & H. / (916) 651-4121

9/1/15 20:20:23

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 672 (Jones-Sawyer) - Inmates: wrongful convictions: assistance upon release

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 27, 2015

Bill Summary:

AB 672 would require the Department of Corrections and Rehabilitation (CDCR) to provide transitional services to exonerated persons, as defined, serving a state prison sentence at the time of exoneration, as specified. This bill would also prohibit the Department of Motor Vehicles (DMV) from charging fees for driver’s licenses or identification cards issued to exonerated persons released from state prison or county jail, as specified.

Fiscal Impact:

• Potentially significant costs to CDCR of $180,000 to $360,000 (General Fund) annually to provide transitional services for six months to one year for eligible persons. This estimate reflects the cost to provide services for six months to one year for 10 persons per year.

• Ongoing potential minor loss of fee revenue (Special Fund*) to DMV due to the prohibition on charging initial, renewal, or replacement fees on driver’s licenses or identification cards issued to any person wrongfully convicted and released from state prison or county jail within the previous six months.

• One-time minor costs of $15,000 (Special Fund*) for DMV to reprogram its automation system to enable a waiver of fees for the specified population.

*Motor Vehicle Account

Committee Amendments:

• Replace references to “wrongfully convicted” with “exonerated,” defined as a person who has been convicted and subsequently either of the following occurred:

  • A habeas petition was granted on the basis that the evidence unerringly points to innocence or the conviction was reversed on appeal on the basis of insufficient evidence.

  • The person was given an absolute pardon by the Governor on the basis that the person was innocent.

• Cite the bill as “Obie’s Law.”

• Make other technical and conforming changes.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 672 (Jones-Sawyer) - Inmates: wrongful convictions: assistance upon release

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 672 would require the Department of Corrections and Rehabilitation (CDCR) to provide transitional services to wrongfully convicted persons upon their release from state prison, as specified. This bill would also prohibit the Department of Motor Vehicles (DMV) from charging fees for driver’s licenses or identification cards issued to wrongfully convicted persons released from state prison or county jail, as specified.

Fiscal Impact:

• Potentially significant costs to CDCR of $450,000 to $900,000 (General Fund) annually to provide transitional services for six months to one year for eligible persons. This estimate reflects the cost to provide services for six months to one year for 25 persons per year. In the absence of a definition of “wrongfully convicted,” this estimate assumes persons potentially discharged for improper sentencing or imposition of fines, even if a crime was committed, would potentially be eligible.

• Ongoing potential minor loss of fee revenue (Special Fund*) to DMV due to the prohibition on charging initial, renewal, or replacement fees on driver’s licenses or identification cards issued to any person wrongfully convicted and released from state prison or county jail within the previous six months.

• One-time minor costs of $15,000 (Special Fund*) for DMV to reprogram its automation system to enable a waiver of fees for the specified population.

*Motor Vehicle Account

Background:

The California Commission on the Fair Administration of Justice noted in its Report and Recommendations on Remedies (2008), the “obstacles faced by persons who have established their innocence after conviction of a crime, in gaining access to post conviction relief, achieving reintegration into society, and gaining compensation for their wrongful incarceration… They often have distinct problems re-entering society, and have difficulty achieving legal redress due to a variety of substantive and technical obstacles in the law...They have been deprived of their liberty based upon a failure in the criminal justice system. It should be the policy of the State of California to redress the injury inflicted upon the innocent as quickly as possible, to restore them to full participation in the life of the community, and to provide all of the services needed for the difficult transition from wrongful imprisonment to restoration of all the rights and liberties to which they are otherwise entitled.”

This bill seeks to provide persons who have established their innocence after conviction and released from custody with the reentry services necessary to begin transition back into their communities.

Proposed Law:

This bill would provide for the following services with regard to “wrongfully convicted” persons released from custody:

• Requires the department to assist a person who was wrongfully convicted 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.

• Prohibits the DMV from charging a fee for an original, renewal, or replacement driver’s license or identification card issued to any person who was wrongfully convicted and was released from state prison or county jail within the previous six months.

Related Legislation:

AB 2308 (Stone) Chapter 607/2014 requires the CDCR and DMV to ensure that all inmates released from state prisons have valid identification cards.

Staff Comments:

The CDCR has indicated that providing transitional services, using current program standards based on a housing component and one ancillary service (employment, education, or substance abuse treatment), is estimated to have an average daily cost of $100. Assuming wrongfully convicted inmates released from CDCR jurisdiction would utilize programs CDCR provides to current parolee populations, the cost to provide services to one wrongfully convicted individual for six months is estimated at $18,000, and $36,000 for a full year.

This bill does not provide a definition of “wrongfully convicted.” While it is assumed that individuals found factually innocent would be eligible for services under the provisions of this bill, it is unclear whether additional persons could potentially be eligible for post-incarceration services. In the absence of a definition, it is unclear whether a person who was “wrongfully convicted” could potentially include a person who was improperly sentenced or charged an incorrect fine amount, but still have committed the crime. For every 25 of the 51 court-ordered discharges from CDCR in 2014 that would potentially be eligible under the provisions of this bill, costs to provide transitional services for six to twelve months would cost in the range of $450,000 to $900,000. To the extent the number of eligible persons is greater or less in any one year would impact costs accordingly.

The DMV would incur minor costs related to systems programming and establishing a process to verify eligibility. One-time costs associated with these activities are estimated at approximately $15,000. The degree of revenue loss due to the waiver of fees would be dependent on the volume of applicable persons who apply for a driver’s license or identification card, which is not expected to be significant, as noted above.

Recommended Amendments:

Staff recommends the following technical amendment to clarify the intent of the bill. As both the CDCR and DMV are referenced in a preceding subdivision of the existing Penal Code section, a specific reference to CDCR is suggested.

3007.05 (c) The department Department of Corrections and Rehabilitation shall assist a person released from state prison who was wrongfully convicted 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.

For clarification, if it is the intent of the author to limit services to persons found factually innocent, staff recommends an amendment to define “wrongfully convicted” to specifically define this population.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: AB 672 Hearing Date: July 14, 2015

Subject: Inmates: Wrongful Convictions: Assistance Upon Release

HISTORY

Source: California Attorneys for Criminal Justice

Prior Legislation: AB 2308 (Stone) – Chapter 607, Statutes of 2014

SB 618 (Leno) – Chapter 800, Statutes of 2013

Support: Association for Los Angeles Deputy Sheriffs; California Association of Code Enforcement Officers; California College and University Police Chiefs Association; California Narcotics Officers Association; Los Angeles Police Protective League; Riverside Sheriffs Association

Opposition: None known

Assembly Floor Vote: 79 - 0

PURPOSE

The purpose of this legislation is to require the California Department of Corrections and Rehabilitation (CDCR) to provide transitional services to wrongfully convicted persons upon their release, as specified.

Existing law requires CDCR and the Department of Motor Vehicles (DMV) to ensure that all eligible inmates released from prison have valid identification cards issued. (Penal Code § 3007.05.)

Existing law requires CDCR to establish a case management reentry pilot program for offenders who are likely to benefit from case management reentry strategies designed to address homelessness, joblessness, mental disorders, and developmental disabilities among offenders transitioning from prison into the community. (Penal Code § 3016.)

Existing law requires the court to inform a person whose conviction has been set aside based upon a determination that the person was factually innocent of the charge of the availability of indemnity for persons erroneously convicted and the time limitations for presenting those claims. (Penal Code § 851.86.)

Existing law states that if a person has secured a declaration of factual innocence, the finding shall be sufficient grounds for compensation by the Victim Compensation and Government Claims Board (VCGCB). Upon application the VCGCB shall, without a hearing, recommend to the Legislature that an appropriation be made. (Penal Code § 851.865.)

Existing law provides that any person who, having been convicted of any crime against the state amounting to a felony and imprisoned in the state prison 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, may, as specified, present a claim against the state to the VCGCB for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment. (Penal Code § 4900.)

Existing law gives erroneously convicted and pardoned individuals two years to file a claim against the state. (Penal Code § 4901.)

Existing law sets the rate of compensation at $100 per day of incarceration served subsequent to the claimant's conviction, and specifies that this appropriation shall not be considered gross income for state tax purposes. (Penal Code § 4904.)

This bill requires CDCR to provide transitional services to a wrongfully convicted person, including housing assistance, job training, and mental health services, as applicable.

This bill states that the extent of the services is to be determined by CDCR.

This bill specifies that the services shall be provided for a period of not less than six months and not more than one year from the date of release.

This bill prohibits charging a fee for the application of an original, renewal, or replacement driver’s license or identification card issued to any wrongfully-convicted person released from prison or county jail within the previous six months.

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;

• 141.5% of design bed capacity by February 28, 2015; and,

• 137.5% of design bed capacity by February 28, 2016.

In February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.” ( Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).

While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;

• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;

• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;

• Whether a proposal corrects a constitutional problem or legislative drafting error; and

• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Need for Legislation

According to the author:

Wrongful convictions are occurring with more frequency in our criminal justice system. With the technological developments of DNA evidence, and a growing number of Innocence Projects throughout the country, persons wrongfully convicted of crimes are receiving a second chance at life. According to an LA Times special report, the number of people exonerated each year in the Unites States has nearly tripled over the last two decades. A total of 1,493 wrongfully convicted inmates have been set free since the first DNA tests in 1989.

However, after sometimes decades in prison a wrongfully convicted person is released from detention, they are released back into the community without any compensation or reentry services. By contrast, parolees often receive assistance with various necessities such as food and clothing vouchers, benefits, job training and housing placements. Yet, for wrongfully convicted persons, they are released without such basic necessities.

For example, in 2011, Obie Anthony, after being wrongfully convicted, was released from detention after spending 17 years in prison. During his court case in 1994, the prosecution failed to disclose that the key witness had received a “deal”

with the prosecutor in exchange for the testimony. The witness eventually recanted and Mr. Obie was released from custody. Mr. Obie was released with the clothes on his back and a few dollars in his pocket, despite being in prison for 17 years.

Mr. Anthony was the inspiration for this bill. If it was not for his loving family who helped him to readjust after prison, he would probably not be here today.

2. California Commission on the Fair Administration of Justice Report and

Recommendations

A 2008 report by the California Commission on the Fair Administration of Justice addresses some of the obstacles faced by persons who have established their innocence after conviction of a crime in gaining access to post-conviction relief, achieving reintegration into society, and gaining compensation for their wrongful convictions. As to reintegration in particular, the report states:

Ironically, even the limited resources made available to convicted felons who have served their sentences and are released from prison are not available to those whose convictions have been set aside. Parolees are released to the community in which they were arrested or convicted; services such as counseling and assistance in locating housing or jobs are limited to those who remain under parole supervision. But those who are being released because their conviction is set aside, including those who have been found innocent, receive none of these services. Those who have been released back into the community after successfully challenging their convictions, whether innocent or not, face the same obstacles encountered by parolees, and more. Many are afflicted with post-traumatic stress disorder, or other psychological damage resulting from their wrongful incarceration over a long period of time. Of the States with compensation laws, only three – Massachusetts, Louisiana and Vermont – provide for the costs of medical and psychological care. The New York Times recently gathered information on 137 of the 206 imprisoned individuals who have been found innocent by DNA testing from 1989 through 2007. The reporters also researched the compensation claims of all 206. They found that at least 79 of these persons (40%) received no compensation at all. More than half of those who did receive compensation waited two years or longer after exoneration for the first payment. Few received any government services after their release. They typically left prison with less help – prerelease counseling, job training, substance-abuse treatment, housing assistance and other services – than some states offer to paroled prisoners. Most found that authorities were slow to wipe the convictions from their records, if they did so at all. Even those who were well educated and fully employed at the time of their wrongful conviction had difficulty finding work after their release. Roberts & Stanton, A Long Road Back After Exoneration, and Justice is Slow to Make Amends, New York Times, Nov. 25, 2007; Santos & Roberts, Putting a Price on a Wrongful Conviction, New York Times, Dec. 2, 2007.

The Commission recommends that services to assist with reintegration into society be available to all those released from prison after their judgment of conviction has been reversed, vacated or set aside. This would include assistance in locating housing, a cash allowance, clothing, and employment counseling.

(Report and Recommendations on Remedies, California Commission on the Fair Administration of Justice , pp. 6-8, http://www.ccfaj.org/documents/reports/incompentence/ official/REPORT%20 AND% 20RECOMMENDATIONS%20ON%20REMEDIES.pdf .)

This legislation helps to implement these recommendations by requiring CDCR to provide transitional services to a wrongfully convicted person, including housing assistance, job training, and mental health services, the extent of which will be determined by CDCR.

3. Argument in Support

According to the California Attorneys for Criminal Justice, the sponsor of this bill:

Wrongful convictions are sadly becoming more frequent in our criminal justice system. With the technological developments of DNA evidence, and a growing number of Innocence Projects throughout the state, persons convicted and incarcerated of crimes they did not commit are receiving a second chance at life. According to an LA Times special report, the number of people exonerated each year in the Unites States has nearly tripled over the last two decades, according to the National Registry of Exonerations. A total of 1,493 wrongfully convicted inmates have been set free since the first DNA tests in 1989.

However, once a person is released from state prison as wrongfully convicted, they are released back into the community without any compensation or reentry services. By contrast, parolees often receive assistance with various necessities such as food and clothing vouchers, benefits, job training and housing placement. For persons released after being wrongfully convicted and incarcerated, these persons are released without such necessities, identification cards or drivers licenses, because they are no longer in custody of the state.

According to the University of Michigan’s National Registry of Exonerations, which provides detailed information about every known exoneration in the United States since 1989, has documented the exonerations in California. Since 2010, 24 persons have been exonerated in California – an average of just under 5 exonerees per year. In 2010 and 2014, there were only two exonerees. Although not many people would be affected by the bill, this will help those that deserve assistance.

In 2011, Obie Anthony spent 17 years in prison after being wrongfully convicted when it was uncovered that a prosecutor failed to disclose that the key witness had received a “deal” with the prosecutor in exchange for the testimony. The witness eventually recanted and Anthony was released from custody. Obie was released only with the clothes on his back, a few dollars in his pocket, and somehow expected to successfully transition back into the community.

The criminal justice system stole precious years from Obie; it is an unfortunate reality of our criminal just system that no services are provided to help Obie, and others wrongfully convicted. Although there is a compensation process, it takes months or years to receive compensation. The critical reentry time is the first few days and weeks upon release. The California Department of Corrections and Rehabilitations should, at the very least, provide essential reentry services to persons wrongfully convicted.

-- END –

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2015 - 2016 Regular

Bill No: AB 672 Hearing Date: 7/7/2015

SUBJECT: Inmates: wrongful convictions: assistance upon release

DIGEST: This bill requires the Department of Motor Vehicles (DMV) to issue a free driver’s license or identification card to an individual who was wrongfully convicted and has been released from state prison or county jail within the past six months.

ANALYSIS:

Existing state law:

1. Authorizes DMV to charge a $26 application fee when issuing an identification card.

2. Requires DMV to issue a free identification card to an applicant 62 years of age or older.

3. Requires DMV to charge a reduced application fee of $6 to an individual with a current income level meeting the eligibility requirements for certain public assistance programs.

4. Requires DMV, effective January 1, 2016, to issue a free original or replacement identification card to an individual who can verify his or her status as homeless.

5. Requires the state Department of Corrections and Rehabilitation (CDCR) and DMV, effective January 1, 2015, to ensure that all eligible inmates released from state prisons have valid identification cards.

6. Authorizes DMV to charge a $33 application fee when issuing a driver’s license to an eligible applicant.

This bill:

1. Requires CDCR to assist an individual who was wrongfully convicted and has been released with transitional services, including housing assistance, job training, and mental health services, for a minimum of six months and a maximum of one year after the date of release.

2. Prohibits DMV from charging a fee for an original, renewal, or replacement driver’s license or identification card issued to any person who was wrongfully convicted and released from state prison or county jail within the prior six months.

COMMENTS:

Purpose. The author states that with the technological developments of DNA evidence and a growing number of Innocence Projects throughout the country, persons wrongfully convicted of crimes are receiving a second chance at life. According to the Los Angeles Times, a total of 1,493 wrongfully convicted inmates have been set free since the first DNA tests in 1989. However, after decades in prison, these individuals are sometimes released back into the community without any compensation or re-entry services. For example, in 2011, Obie Anthony, after being wrongfully convicted, was released from detention after spending 17 years in prison, with just the clothes on his back and a few dollars in his pocket. By contrast, parolees often receive assistance with various necessities such as food and clothing vouchers, benefits, job training, and housing placements. This bill will help ensure that wrongfully convicted individuals such as Obie Anthony receive transitional assistance back into the community.

How will DMV know who’s been exonerated? The author states that he is working with DMV and CDCR to determine how the bill will be implemented, such as addressing how DMV will verify that an individual is in fact someone who has been released after being wrongfully convicted.

How many individuals might this bill impact? California Attorneys for Criminal Justice, the sponsor of this bill, notes that according to the University of Michigan’s National Registry of Exonerations, 24 persons have been exonerated in California since 1989.

Double referred. This bill has also been referred to the Committee on Public Safety, which will focus on the CDCR portion of the bill. This committee will focus on the DMV portion of the bill.

Related Legislation:

AB 1733 (Quirk-Silva, Chapter 764, Statutes of 2014) — among other provisions, requires DMV to issue, without a fee, an original or replacement identification card to any individual who can verify his or her status as homeless.

AB 2308 (Stone, Chapter 607, Statutes of 2014) — requires CDCR to ensure that all inmates released from state prisons have valid identification cards.

Assembly Votes:

Floor: 79-0

Appr: 12-0

Trans: 7-0

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

POSITIONS: (Communicated to the committee before noon on Wednesday,

July 1, 2015.)

SUPPORT:

California Attorneys for Criminal Justice (sponsor)

California Catholic Conference of Bishops

Legal Services for Prisoners with Children

National Association of Social Workers, California Chapter

OPPOSITION:

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 672

Author:(Jones-Sawyer)

As Amended Ver:June 1, 2015

Majority vote

SUMMARY:

Requires the California Department of Corrections and Rehabilitation (CDCR) to provide transitional services to wrongfully convicted persons upon their release. Specifically, this bill:

1. Requires CDCR to provide transitional services to a wrongfully convicted person, including housing assistance, job training, and mental health services, as applicable.

2. States that the extent of the services is to be determined by CDCR.

3. Specifies that the services shall be provided for a period of not less than six months and not more than one year from the date of release.

4. Prohibits charging a fee for the application of an original, renewal, or replacement driver's license or identification card issued to any wrongfully-convicted person released from prison or county jail within the previous six months.

EXISTING LAW:

1. Requires CDCR and the Department of Motor Vehicles (DMV) to ensure that all eligible inmates released from prison have valid identification cards issued.

2. Requires CDCR to establish a case management reentry pilot program for offenders who are likely to benefit from case management reentry strategies designed to address homelessness, joblessness, mental disorders, and developmental disabilities among offenders transitioning from prison into the community.

3. Requires the court to inform a person whose conviction has been set aside based upon a determination that the person was factually innocent of the charge of the availability of indemnity for persons erroneously convicted and the time limitations for presenting those claims.

4. States that if a person has secured a declaration of factual innocence, the finding shall be sufficient grounds for compensation by the Victim Compensation and Government Claims Board (VCGCB). Upon application the VCGCB shall, without a hearing, recommend to the Legislature that an appropriation be made.

5. Provides that any person who, having been convicted of any crime against the state amounting to a felony and imprisoned in the state prison 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, may, as specified, present a claim against the state to the VCGCB for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment.

6. Gives erroneously convicted and pardoned individuals two years to file a claim against the state.

7. Sets the rate of compensation at $100 per day of incarceration served subsequent to the claimant's conviction, and specifies that this appropriation shall not be considered gross income for state tax purposes.

FISCAL EFFECT:

According to the Assembly Appropriations Committee:

1. Moderate to significant costs to CDCR of $450,000 to $900,000 (GF) to provide transitional services for six months to one year. Annual estimate for one wrongful convicted individual is $36,000. In 2014, there were 51 court-ordered discharges from CDCR, if 25 of these individuals were wrongfully convicted and services were provided for six to twelve months, the cost would have been $450,000 to $900,000 per year.

2. Cost to DMV to waive the fees for the 21 individuals would be minor.

COMMENTS:

According to the author, "AB 672 is intended to ensure that individuals who are released from prison after being wrongfully convicted, are able to access reentry services such as housing assistance or job training. This bill was inspired by Anthony Obie who after spending 17 years in prison for a crime he did not commit, was released in 2011 with just the clothes on his back and a few dollars in his pocket."

Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0000735

Date of Hearing: April 22, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 672

Author:(Jones-Sawyer) – As Introduced Ver:February 25, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the California Department of Corrections and Rehabilitation (CDCR) to provide transitional services to wrongfully convicted persons upon their release. Specifically, this bill:

1. Requires CDCR to assist a person who was wrongfully convicted with obtaining an identification card upon release from prison.
   
   

2. Requires CDCR to provide transitional services to a wrongfully convicted person, including housing assistance, job training, and mental health services, as determined by CDCR, for a period of not less than six months and no more than two years upon release.

FISCAL EFFECT:

1. Moderate to significant costs to CDCR of $450,000 to $1.8 million (GF) to provide transitional services for six months to two years. Annual estimate for one wrongful convicted individual is $36,000. In 2014, there were 51 court-ordered discharges from CDCR, if 25 of these individuals were wrongfully convicted and services were provided for six to twelve months, the cost would have been $450,000 to $900,000 the first year. Assuming similar numbers the second year, the cost on the second year could reach $1.8 million if all individuals received two years of services.

2. The cost for CDCR and DMV to provide a valid California identification card upon release of a qualifying individual is unknown because it is not practical. The processing timeframe for identification cards is at least 120 days and often times CDCR does not have advance warning of a court-ordered release.

COMMENTS:

1. Purpose. According to the author, "AB 672 is intended to ensure that individuals who are released from prison after being wrongfully convicted, are able to access reentry services such as housing assistance or job training. This bill was inspired by Anthony Obie who after spending 17 years in prison for a crime he did not commit, was released in 2011 with just the clothes on his back and a few dollars in his pocket."
   
   
   

2. California Commission on the Fair Administration of Justice Report and Recommendations: A 2008 report by the California Commission on the Fair Administration of Justice addresses some of the obstacles faced by persons who have established their innocence after conviction of a crime in gaining access to post-conviction relief, achieving reintegration into society, and gaining compensation for their wrongful convictions. As to reintegration in particular, the report states:
   
   "Ironically, even the limited resources made available to convicted felons who have served their sentences and are released from prison are not available to those whose convictions have been set aside. Parolees are released to the community in which they were arrested or convicted; services such as counseling and assistance in locating housing or jobs are limited to those who remain under parole supervision. But those who are being released because their conviction is set aside, including those who have been found innocent, receive none of these services. Those who have been released back into the community after successfully challenging their convictions, whether innocent or not, face the same obstacles encountered by parolees, and more… Even those who were well educated and fully employed at the time of their wrongful conviction had difficulty finding work after their release."

3. Victim Compensation and Government Claims Board. Existing law, Penal Code Section 4900 et seq., authorizes a person convicted and imprisoned for a felony to submit a claim to the Board for pecuniary injury sustained as a result of erroneous conviction and imprisonment. Pursuant to SB 618 (Leno), Chap. 800/2013, if a person has secured a declaration of factual innocence from the court after having his or her conviction set aside, the finding is grounds for payment of a claim against the state and upon application by the petitioner, the Board shall, without a hearing, recommend to the Legislature an appropriation to cover the claim. Likewise, if the court finds the petitioner has proven his or her innocence by a preponderance of the evidence, or the court grants a writ of habeas corpus concerning a person who is unlawfully imprisoned, or when the court vacates a judgment for a person on the basis of new evidence concerning a person who is no longer unlawfully imprisoned, and the court finds the evidence points unerringly to innocence, the Board shall, upon application by the claimant, without a hearing, recommend to the Legislature an appropriation to cover the petitioner's claim.

If these provisions do not apply, the claimant is required to introduce evidence in support of his or her claim at a hearing before the Board, and the Attorney General (AG) may introduce evidence in opposition. The claimant must prove, by a preponderance of the evidence, that the crime was either not committed at all, or, if committed, was not committed by the claimant; that the claimant did not contribute to the arrest or conviction for the crime; and that the claimant sustained pecuniary injury though the erroneous conviction and imprisonment. If a claimant meets the burden of proof, the Board shall recommend to the Legislature an appropriation of $100 per day of incarceration served in a state prison subsequent to the claimant’s conviction.

4. Prior Legislation:
   
   

1. AB 2308 (Stone), Chapter 607, Statutes of 2014, required CDCR and DMV to ensure that all inmates released from state prisons have valid identification cards.
   
   

2. SB 618 (Leno), Chapter 800, Statutes of 2013, streamlined the process for compensating persons exonerated after being wrongfully convicted and imprisoned.

Analysis Prepared by: Pedro R. Reyes / APPR. / (916) 319-2081

Date of Hearing: April 7, 2015

Counsel: Sandra Uribe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Bill Quirk, Chair

ABPCA Bill Id:AB 672

Author:(Jones-Sawyer) – As Introduced Ver:February 25, 2015

SUMMARY:

Requires the California Department of Corrections and Rehabilitation (CDCR) to provide transitional services to wrongfully convicted persons upon their release. Specifically, this bill:

1. Requires CDCR to assist a person who was wrongfully convicted with obtaining an identification card upon release from prison.
   
   

2. Requires CDCR to provide transitional services to a wrongfully convicted person, including housing assistance, job training, and mental health services, as applicable.
   
   

3. States that the extent of the services is to be determined by CDCR.
   
   

4. Specifies that the services shall be provided for a period of not less than six month and no more than two years upon release.

EXISTING LAW:

1. Requires CDCR and the Department of Motor Vehicles (DMV) to ensure that all eligible inmates released from prison have valid identification cards issued. (Pen. Code, § 3007.05.)
   
   

2. Requires CDCR to establish a case management reentry pilot program for offenders who are likely to benefit from case management reentry strategies designed to address homelessness, joblessness, mental disorders, and developmental disabilities among offenders transitioning from prison into the community. (Pen. Code, § 3016.)
   
   

3. Requires the court to inform a person whose conviction has been set aside based upon a determination that the person was factually innocent of the charge of the availability of indemnity for persons erroneously convicted and the time limitations for presenting those claims. (Pen. Code, § 851.86.)
   
   

4. States that if a person has secured a declaration of factual innocence, the finding shall be sufficient grounds for compensation by the Victim Compensation and Government Claims Board (VCGCB). Upon application the VCGCB shall, without a hearing, recommend to the Legislature that an appropriation be made. (Pen. Code, § 851.865.)
   
   

5. Provides that any person who, having been convicted of any crime against the state amounting to a felony and imprisoned in the state prison 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, may, as specified, present a claim against the state to the VCGCB for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment. (Pen. Code, § 4900.)
   
   

6. Gives erroneously convicted and pardoned individuals two years to file a claim against the state. (Pen. Code, § 4901.)
   
   

7. Sets the rate of compensation at $100 per day of incarceration served subsequent to the claimant's conviction, and specifies that this appropriation shall not be considered gross income for state tax purposes. (Pen. Code, § 4904.)
   
   

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "AB 672 is intended to ensure that individuals who are released from prison after being wrongfully convicted, are able to access reentry services such as housing assistance or job training. This bill was inspired by Anthony Obie who after spending 17 years in prison for a crime he did not commit, was released in 2011 with just the clothes on his back and a few dollars in his pocket."
   
   

2. California Commission on the Fair Administration of Justice Report and Recommendations: A 2008 report by the California Commission on the Fair Administration of Justice addresses some of the obstacles faced by persons who have established their innocence after conviction of a crime in gaining access to post-conviction relief, achieving reintegration into society, and gaining compensation for their wrongful convictions. As to reintegration in particular, the report states:
   
   "Ironically, even the limited resources made available to convicted felons who have served their sentences and are released from prison are not available to those whose convictions have been set aside. Parolees are released to the community in which they were arrested or convicted; services such as counseling and assistance in locating housing or jobs are limited to those who remain under parole supervision. But those who are being released because their conviction is set aside, including those who have been found innocent, receive none of these services. Those who have been released back into the community after successfully challenging their convictions, whether innocent or not, face the same obstacles encountered by parolees, and more. Many are afflicted with post-traumatic stress disorder, or other psychological damage resulting from their wrongful incarceration over a long period of time. Of the States with compensation laws, only three – Massachusetts, Louisiana and Vermont – provide for the costs of medical and psychological care. The New York Times recently gathered information on 137 of the 206 imprisoned individuals who have been found innocent by DNA testing from 1989 through 2007. The reporters also researched the compensation claims of all 206. They found that at least 79 of these persons (40%) received no compensation at all. More than half of those who did receive compensation waited two years or longer after exoneration for the first payment. Few received any government services after their release. They typically left prison with less help – prerelease counseling, job training, substance-abuse treatment, housing assistance and other services – than some states offer to paroled prisoners. Most found that authorities were slow to wipe the convictions from their records, if they did so at all. Even those who were well educated and fully employed at the time of their wrongful conviction had difficulty finding work after their release. Roberts & Stanton, A Long Road Back After Exoneration, and Justice is Slow to Make Amends, New York Times, Nov. 25, 2007; Santos & Roberts, Putting a Price on a Wrongful Conviction, New York Times, Dec. 2, 2007.
   
   "The Commission recommends that services to assist with reintegration into society be available to all those released from prison after their judgment of conviction has been reversed, vacated or set aside. This would include assistance in locating housing, a cash allowance, clothing, and employment counseling." (Report and Recommendations on Remedies," pp. 6-8, http://www.ccfaj.org/documents/reports/
   incompentence/official/REPORT%20AND%20RECOMMENDATIONS%20ON%20REMEDIES.pdf .)
   
   

3. Argument in Support: According to the California Attorneys for Criminal Justice, the sponsor of this bill, "Wrongful convictions are sadly becoming more frequent in our criminal justice system. With the technological developments of DNA evidence, and a growing number of Innocence Projects throughout the state, persons convicted and incarcerated of crimes they did not commit are receiving a second chance at life. According to an LA Times special report, the number of people exonerated each year in the Unites States has nearly tripled over the last two decades, according to the National Registry of Exonerations. A total of 1,493 wrongfully convicted inmates have been set free since the first DNA tests in 1989.
   
   "However, once a person is released from state prison as wrongfully convicted, they are released back into the community without any compensation or reentry services. By contrast, parolees often receive assistance with various necessities such as food and clothing vouchers, benefits, job training and housing placement. For persons released after being wrongfully convicted and incarcerated, these persons are released without such necessities, identification cards or drivers licenses, because they are no longer in custody of the state.
   
   "In 2011, Obie Anthony spent 17 years in prison after being wrongfully convicted when it was uncovered that a prosecutor failed to disclose that the key witness had received a “deal” with the prosecutor in exchange for the testimony. The witness eventually recanted and Anthony was released from custody. Obie was released only with the clothes on his back, a few dollars in his pocket, and somehow expected to successfully transition back into the community.
   
   "The criminal justice system stole precious years from Obie; it is an unfortunate reality of our criminal just system that no services are provided to help Obie, and others wrongfully convicted. Although there is a compensation process, it takes months or years to receive compensation. The critical reentry time is the first few days and weeks upon release. The California Department of Corrections and Rehabilitations should, at the very least, provide essential reentry services to persons wrongfully convicted."
   
   
   
   
   

4. Prior Legislation:
   
   

   1. AB 2308 (Stone), Chapter 607, Statutes of 2014, required CDCR and DMV to ensure that all inmates released from state prisons have valid identification cards.
      
      

   2. SB 618 (Leno), Chapter 800, Statutes of 2013, streamlined the process for compensating persons exonerated after being wrongfully convicted and imprisoned.

REGISTERED SUPPORT / OPPOSITION:

Support

California Attorneys for Criminal Justice (Sponsor)
American Civil Liberties Union of California
California Catholic Conference
California Public Defenders Association
Legal Services for Prisoners with Children
Taxpayers for Improving Public Safety

Opposition

None

Analysis Prepared by:

Sandy Uribe / PUB. S. / (916) 319-3744