Existing law requires the California Victim Compensation Board, in cases in which evidence shows that a crime with which a claimant was charged was either not committed at all, or not committed by the claimant, to report the facts of the case and its conclusions to the Legislature with a recommendation that the Legislature make an appropriation for the purpose of indemnifying the claimant for the injury.

This bill would appropriate $1,958,740 from the General Fund to the Executive Officer of the California Victim Compensation Board for the payment of the claim of a specific individual accepted by the board, as specified.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires the California Victim Compensation Board, in cases in which evidence shows that a crime with which a claimant was charged was either not committed at all, or not committed by the claimant, to report the facts of the case and its conclusions to the Legislature with a recommendation that the Legislature make an appropriation for the purpose of indemnifying the claimant for the injury.

This bill would appropriate $1,958,740 from the General Fund to the Executive Officer of the California Victim Compensation Board for the payment of the claim of a specific individual accepted by the board, as specified.

This bill would declare that it is to take effect immediately as an urgency statute.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires the California Victim Compensation Board to ensure that all claims that have been approved by the board and for which there exists no legally available appropriation are submitted for legislative approval at least twice each calendar year.

This bill declares the intent of the Legislature to appropriate funds for the payment of claims approved by the board.

This bill would declare that it is to take effect immediately as an urgency statute.

Date of Hearing: May 2, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 941

Author:(Lara) – As Amended Ver:March 12, 2018

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

SUMMARY:

This bill, one of two annual state claims bills introduced pursuant to the California Victim Compensation Board (board) determinations that statute requires be authored by the chairs of the appropriations committees, appropriates $2 million to pay one claim, that of Craig Richard Coley, approved by the board on February 15, 2018.

FISCAL EFFECT:

Appropriates $1,958,740 to pay the claim of Craig Richard Coley, approved by the board on February 15, 2018.

COMMENTS:

1. Background. Current law 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), Statutes of 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. 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.

Otherwise, a claimant is required to introduce evidence in support of his or her claim at a hearing before the board, and the Attorney General may introduce evidence in opposition. The claimant must prove, by a preponderance of the evidence: (a) the crime was not committed at all, or, if committed, was not committed by the claimant; (b) the claimant did not contribute to the arrest or conviction for the crime; and (c) 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 $140 per day of incarceration served in a state prison subsequent to the claimant’s conviction.

1. Purpose. This bill appropriates funds for the payment of a state claim related to the erroneous conviction of Craig Richard Coley. Mr. Coley was arrested on November 11, 1978 for the murders of Ronda Wicht, who was found beaten, raped, and strangled, and her four-year-old son Donald, who was smothered in his bed. Mr. Coley was Ms. Wicht’s former boyfriend and a neighbor reported seeing a truck belonging to Mr. Coley drive away from the scene around the time the murders were presumed to have taken place. Mr. Coley was a gainfully employed veteran of the Vietnam War who had no prior criminal record and maintained his innocence during post-arrest interrogation and while testifying at trial. Mr. Coley’s first trial ended in a hung jury, but during a retrial the second jury found him guilty of both first-degree murders with special circumstances, and he was sentenced to life without the possibility of parole on February 26, 1980.

In December 2013, after his convictions had been affirmed on appeal and multiple habeas corpus petitions denied, Mr. Coley filed a second petition for clemency with the governor’s office. The governor requested an investigation by the Board of Parole Hearings, which led officers to opine that the detective who originally investigated the matter either mishandled the case or framed Mr. Coley. The Simi Valley Police Department and the Ventura County District Attorney initiated a subsequent investigation in October 2016. The investigation uncovered significant exculpatory evidence, including: new DNA testing of Ms. Wicht’s bedsheets that identified DNA from another unknown male; no DNA belonging to Mr. Coley; identification of other men who had associated with Ms. Wicht and engaged in sexually violent conduct; and a conclusion that there was insufficient evidence to support the claims of the neighbor who had purportedly seen Mr. Coley’s truck driving away from the scene. Based upon their investigation, the Simi Valley Police Department and the Ventura County District Attorney supported Mr. Coley’s clemency claim and indicated a) they did not have confidence in the evidence used to convict Mr. Coley and b) the current evidence would meet the legal standard for a finding of factual innocence. On November 22, 2017, the governor granted a full and unconditional pardon and ordered Mr. Coley’s immediate release from prison.

On December 1, 2017, with the agreement of the Ventura County District Attorney’s Office, the Ventura County Superior Court granted Mr. Coley’s motions to vacate his convictions and to find him factually innocent. Based on the 13,991 days of incarceration, the Board recommends an appropriation of $1,958,740 to compensate Mr. Coley for the period of his erroneous incarceration.

Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081

 THIRD READING  

Bill No: SB 941

Author:

:

Vote:

SENATE APPROPRIATIONS COMMITTEE: 7-0, 4/16/18

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

SUBJECT:

SOURCE: Author

DIGEST:

This bill, an urgency measure, appropriates $1,958,740 to the Executive Officer of the California Victim Compensation Board (Board) for the payment of one erroneous conviction claim, as specified.

ANALYSIS: Existing law 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.

This bill, an urgency measure, appropriates $1,958,740 to the Board for the pay-ment of a state claim related to the erroneous conviction of Craig Richard Coley.

Background

Mr. Coley was arrested on November 11, 1978, for the murders of Ronda Wicht, who was found beaten, raped, and strangled, and her four-year-old son Donald, who was smothered in his bed. Mr. Coley was Ms. Wicht’s former boyfriend and a neighbor reported seeing a truck belonging to Mr. Coley drive away from the scene around the time that the murders were presumed to have taken place. Mr. Coley was a gainfully employed veteran of the Vietnam War who had no prior criminal record and maintained his innocence during post-arrest interrogation and while testifying at trial. Mr. Coley’s first trial ended in a hung jury, but during a retrial the second jury found him guilty of both first-degree murders with special circumstances, and he was sentenced to life without the possibility of parole on February 26, 1980.

In December 2013, after his convictions had been affirmed on appeal and multiple habeas corpus petitions denied, Mr. Coley filed a second petition for clemency with the Governor’s Office. The Governor requested an investigation by the Board of Parole Hearings, which led officers to opine that the detective who originally investigated the matter either mishandled the case or framed Mr. Coley. The Simi Valley Police Department and the Ventura County District Attorney initiated a subsequent investigation in October 2016 that uncovered significant exculpatory evidence, including new DNA testing of Ms. Wicht’s bedsheets that identified DNA from another unknown male and no DNA belonging to Mr. Coley, identification of other men who had associated with Ms. Wicht and engaged in sexually violent conduct, and a conclusion that there was insufficient evidence to support the claims of the neighbor who had purportedly seen Mr. Coley’s truck driving away from the scene. Based upon their investigation, the Simi Valley Police Department and the Ventura County District Attorney supported Mr. Coley’s clemency claim and indicated that they did not have confidence in the evidence used to convict Mr. Coley, and that the current evidence would meet the legal standard for a finding of factual innocence. On November 22, 2017, the Governor granted a full and unconditional pardon and ordered Mr. Coley’s immediate release from prison.

On December 1, 2017, with the agreement of the Ventura County District Attorney’s Office, the Ventura County Superior Court granted Mr. Coley’s motions to vacate his convictions and to find him factually innocent. Based on the 13,991 days of incarceration, the Board recommends an appropriation of $1,958,740 to compensate Mr. Coley for the period of his erroneous incarceration.

State Board of Control. The State Board of Control was established in 1945. It was revised and renamed the Victim Compensation and Government Claims Board by AB 2492 (Jackson, Chapter 1016, Statutes of 2000), and recently renamed the California Victim Compensation Board by SB 836 (Senate Budget and Fiscal Review Committee, Chapter 31, Statutes of 2016). SB 836 transferred the authority to approve general government claims for which no legal available appropriation exists to the Department of General Services, and the Board currently administers the Victim Compensation Program, the Revenue Recovery Program, Claims of Erroneously Convicted Felons, the Good Samaritan Act and the Missing Children Reward Program.

Existing law 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, Chapter 800, Statutes of 2013), a person who has secured a declaration of factual innocence from the court after having his or her conviction set aside is eligible for payment in a claim against the state. 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.

Otherwise, a claimant is required to introduce evidence in support of his or her claim at a hearing before the Board, and the Attorney General may introduce evidence in opposition. The claimant must prove, by a preponderance of the evidence, that: (1) the crime was not committed at all, or, if committed, was not committed by the claimant; and (2) 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 $140 per day of incarceration served, including any time spent in custody that is considered part of the term of incarceration, such as time served in a county jail.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, one-time General Fund appropriation in the amount of $1,958,740 in 2017-18 to pay the claim of Craig Richard Coley, approved by the Board on February 15, 2018.

SUPPORT: (Verified 4/17/18)

None received

OPPOSITION: (Verified 4/17/18)

None received

Prepared by:

4/18/18 11:53:40

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 941 (Lara) - California Victim Compensation Board: claims

This bill does not meet the criteria for referral to the Suspense File. Pursuant to the Committee’s rules, the Suspense File rule does not apply to this bill as claims are considered valid obligations of the state. Additionally, claims may have time sensitivity.

Bill Summary:

SB 941, an urgency measure, would appropriate $1,958,740 to the Executive Officer of the California Victims Compensation Board (Board) for the payment of one specified erroneous conviction claim.

Fiscal Impact:

• One-time General Fund appropriation of $1,958,740 to pay the claim of Craig Richard Coley, approved by the Board on February 15, 2018.

Background:

The State Board of Control was established in 1945. It was revised and renamed the Victim Compensation and Government Claims Board by Chapter 1016/2000 (AB 2491, Jackson), and recently renamed the California Victim Compensation Board by Chapter 31/2016 (SB 836, Budget and Fiscal Review Committee). SB 836 transferred the authority to approve general government claims for which no legal available appropriation exists to the Department of General Services, and the Board currently administers the Victim Compensation Program, the Revenue Recovery Program, Claims of Erroneously Convicted Felons, the Good Samaritan Act, and the Missing Children Reward Program.

Existing law 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), Chapter 800/2013, a person who has secured a declaration of factual innocence from the court after having his or her conviction set aside is eligible for payment in a claim against the state. 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.

Otherwise, a claimant is required to introduce evidence in support of his or her claim at a hearing before the Board, and the Attorney General may introduce evidence in opposition. The claimant must prove, by a preponderance of the evidence, that: (a) the crime was not committed at all, or, if committed, was not committed by the claimant; and (b) 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 $140 per day of incarceration served, including any time spent in custody that is considered part of the term of incarceration, such as time served in a county jail.

Proposed Law:

SB 941, an urgency measure, would appropriate $1,958,740 to the Board for the payment of one specified erroneous conviction claim.

Related Legislation:

AB 212 (Gonzalez Fletcher), Chapter 66/2017, appropriated $2,967,160 to the Board for the payment of three erroneous conviction claims.

SB 534 (Lara), Chapter 360/2017, appropriated $438,440 to the Board for the payment of one erroneous conviction claim.

Staff Comments:

This bill appropriates funds for the payment of a state claim related to the erroneous conviction of Craig Richard Coley. Mr. Coley was arrested on November 11, 1978 for the murders of Ronda Wicht, who was found beaten, raped, and strangled, and her four-year-old son Donald, who was smothered in his bed. Mr. Coley was Ms. Wicht’s former boyfriend and a neighbor reported seeing a truck belonging to Mr. Coley drive away from the scene around the time that the murders were presumed to have taken place. Mr. Coley was a gainfully employed veteran of the Vietnam War who had no prior criminal record and maintained his innocence during post-arrest interrogation and while testifying at trial. Mr. Coley’s first trial ended in a hung jury, but during a retrial the second jury found him guilty of both first-degree murders with special circumstances, and he was sentenced to life without the possibility of parole on February 26, 1980.

In December 2013, after his convictions had been affirmed on appeal and multiple habeas corpus petitions denied, Mr. Coley filed a second petition for clemency with the Governor’s office. The Governor requested an investigation by the Board of Parole Hearings, which led officers to opine that the detective who originally investigated the matter either mishandled the case or framed Mr. Coley. The Simi Valley Police Department and the Ventura County District Attorney initiated a subsequent investigation in October 2016 that uncovered significant exculpatory evidence, including new DNA testing of Ms. Wicht’s bedsheets that identified DNA from another unknown male and no DNA belonging to Mr. Coley, identification of other men who had associated with Ms. Wicht and engaged in sexually violent conduct, and a conclusion that there was insufficient evidence to support the claims of the neighbor who had purportedly seen Mr. Coley’s truck driving away from the scene. Based upon their investigation, the Simi Valley Police Department and the Ventura County District Attorney supported Mr. Coley’s clemency claim and indicated that they did not have confidence in the evidence used to convict Mr. Coley, and that the current evidence would meet the legal standard for a finding of factual innocence. On November 22, 2017, the Governor granted a full and unconditional pardon and ordered Mr. Coley’s immediate release from prison.

On December 1, 2017, with the agreement of the Ventura County District Attorney’s Office, the Ventura County Superior Court granted Mr. Coley’s motions to vacate his convictions and to find him factually innocent. Based on the 13,991 days of incarceration, the Board recommends an appropriation of $1,958,740 to compensate Mr. Coley for the period of his erroneous incarceration.

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