Date of Hearing: April 24, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 702

Author:(Weber) – As Amended Ver:April 3, 2019

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

SUMMARY:

This bill requires the Victim Compensation Board (CalVCB) to provide reimbursement to exonerated individuals for mental health services based on the number of years the individual was incarcerated. This bill also clarifies direct payment or reimbursement for these mental health services are in addition to the mental health services provided to exonerees by the California Department of Corrections and Rehabilitation (CDCR).

FISCAL EFFECT:

Possible costs (Restitution Fund/GF) in excess of $150,000 annually depending on the number of claims, the total amount of reimbursement for each exoneree, and the number of exonerees. This bill only limits the total amount of possible reimbursement to the total number of years a person was incarcerated. In some cases, that may be 20 years or more. Since 2014, there have been 26 exonerees eligible for reimbursement for time spent in prison. If 26 exonerees seek an average of 5 years of mental health services at a cost of $2000 for each year, the total would be $260,000.

COMMENTS:

1. Purpose. According to the author:

People who are wrongfully convicted lose much more than their freedom. The state can never right the wrongs inflicted on exonerated Californians, but we can ensure that they have the tools necessary to lead healthy, fulfilling lives when they are released.

1. Background. Existing law requires CDCR to provide some transitional services for exonerees, including mental health services. However, CDCR must provide transitional services, including mental health services, for a minimum of six months and a maximum of one year from the date of release, unless the person otherwise qualifies for services beyond one year. This bill would specify that the mental health services that are reimbursable by the CalVCB are in addition to those provided through CDCR. Funding for CalVCB comes from restitution fines and penalty assessments paid by criminal defendants, as well as from federal matching funds of up to 60% for eligible compensation claims. Over the past several years, revenue has not kept pace with expenditures resulting in an overall decline in fund stability. The fund is on the brink of insolvency.
2. Prior Legislation. AB 701 (Weber) provides a person who is exonerated of a crime $5,000 upon release from prison, to be used to pay for housing, and entitles the exonerated person to receive direct payment or reimbursement for reasonable housing costs for between one and four years thereafter. AB 701 is pending in this xommittee.

Analysis Prepared by: Kimberly Horiuchi / APPR. / (916) 319-2081

Date of Hearing: April 9, 2019

Counsel: Sandy Uribe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 702

Author:(Weber) – As Amended Ver:April 3, 2019

SUMMARY:

Require the Victim Compensation Board (board) to provide reimbursement to exonerated individuals for mental health services. Specifically, this bill:

1. Requires the board to reimburse an exonerated person for mental health services which are reasonably related to incarceration, or to provide payment to the person’s provider, as follows:
   
   1. If a person was incarcerated for less than three years, reimbursement shall be for no less than one year of services; or
   2. If a person was incarcerated for three or more years, reimbursement shall be for no less than two years of services.
      
2. Prohibits the board from reimbursing the exoneree for services for a period of time longer than the time the person was incarcerated.
   
3. Clarifies that the direct payment or reimbursement for these mental health services are in addition to the mental health services provided to exonerees by the California Department of Corrections and Rehabilitiation (CDCR).
4. Requires the board to provide payment or reimbursement within 30 days after submission of a claim.
   
5. Defines “exonerated” for purposed of this section as a person who:
   
   1. Had a writ of habeas corpus granted on the basis that the evidence unerringly points to innocence, or had their conviction reversed on appeal based on insufficient evidence;
      
   2. Had a writ of habeas corpus granted resulting in dismissal of the criminal charges; or
   3. Was granted an absolute pardon by the Governor on the basis that the person was innocent.

EXISTING LAW:

1. 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.)
   
2. States that if a person has secured a declaration of factual innocence, the finding shall be sufficient grounds for compensation by the California Victim Compensation Board. Upon application the board shall, without a hearing, recommend to the Legislature that an appropriation be made. (Pen. Code, § 851.865.)
3. States that any person who, having been convicted of any felony and imprisoned in the state prison or county jail for that conviction, is granted a pardon by the Governor for the reason he or she was innocent of the crime with which he or she was convicted, is eligible to present a claim against the state to the board for the monetary injury sustained by him or her through the erroneous conviction and imprisonment. (Pen. Code, § 4900.)
4. Gives erroneously convicted individuals two years to file a claim against the state. (Pen. Code, § 4901.)
   
5. Sets the rate of compensation at $140 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.)
   
6. Requires the CDCR 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. (Pen. Code, § 3007.05, subd. (c).)
7. Requires that the CDCR provide transitional services to an exonerated person for a period of not less than six months and not more than one year from the date of release, unless the person qualifies for services beyond one year. (Pen. Code, § 3007.05, subd. (c).)
   
8. Provides that each person who is exonerated shall be paid $1,000 upon his or her release from incarceration from funds to be made available upon appropriation by the Legislature. This amount is in addition to any other payment to which the exonerated person is entitled to by law. (Pen. Code, § 3007.05, subd. (d).)
   
9. Defines “exonerated” as a person who has been convicted and subsequently either of the following occurred:
   
   1. A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the person’s conviction was reversed on appeal on the basis of insufficient evidence;
      
   2. A writ of habeas corpus concerning the person was granted, either resulting in dismissal of the criminal charges or following a determination that the person is entitled to release on his or her own recognizance , or to nail pending retrial or pending appeal; or
      
   3. The person was given an absolute pardon by the governor on the basis that the person was innocent. (Pen. Code, § 3007.05, subd. (e).)
      

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “People who are wrongfully convicted lose much more than their freedom. They may also lose their jobs, homes, family, and community. The alienation and trauma that exonerated individuals experience warrants extensive support, including mental health services. The state can never right the wrongs inflicted on exonerated Californians, but we can ensure that they have the tools necessary to lead healthy, fulfilling lives when they are released.”
   
2. Current Mental Health Services for Exonerees: Existing law requires CDCR to provide some transitional services for exonerees, including mental health services. (Pen. Code, § 3007.05, subd. (c).) However, CDCR must only provide transitional services, including mental health services, for a minimum of six months and a maximum of one year from the date of release, unless the person otherwise qualifies for services beyond one year. (Ibid.) This bill would specify that the mental health services which are reimbursable by the board are in addition to those provided through CDCR.
   
3. Financial Condition of Restitution Fund: In addition to the Victim Compensation Program, the board currently administers claims of erroneously convicted persons. (See https://victims.ca.gov/board/pc4900.aspx; see also Pen. Code, § 4900.) Although the board administers the program, these claims are paid through the state’s General Fund, not through the Victim Compensation Program.
   
   In contrast, it would seem that the reimbursements for mental health services for exonerees provided for in this bill would be reimbursed through the board as other expenses eligible through the Victim Compensation Program, which relies on the restitution fund.
   
   The Legislative Analyst’s Office (LAO) has informed this committee that restitution fund revenue is depleting and that the fund is facing insolvency. Based on budget documents, the LAO has provided this committee with the following figures regarding the financial status of the CalVCP.^[1]

Although there are not many claims from exonerated persons submitted each year, should the Legislature add to the types of expenses covered through this fund while revenue is depleting and there are concerns about insolvency? Should another funding source be identified.

1. Argument in Support: According to Exonerated Nation, a co-sponsor of this bill, “AB 702 would provide reimbursement to exonerees, or direct payment to mental health services provider, for mental health services. An exoneree suffers from extensive trauma as a result of their wrongful imprisonment. Mental health services are crucial to ensuring an exoneree can heal and move forward after their release.
   
   “In a survey conducted by the Life After Exoneration Program, a California based program, at least 28% of exonerees suffer from Post-Traumatic Stress Disorder, 38% suffer significant anxiety and 40% suffer from depression. These statistics show there is a critical need for access of mental health services. AB 702 would provide much needed relief for exonerees.”
   
2. Argument in Opposition: According to the California District Attorneys Association, “This bill requires the California Victim Compensation Board (VCB) to use funds collected from criminal convicted defendants and paid into the Restitution Fund to pay exonerated persons for mental health services reasonably related to their incarceration. Such exonerees may well deserve compensation for future mental health services, but those funds must come from appropriated sources other than victim compensation funds.
   
   “Our association has had to make hard choices in supporting even victim compensation expansion bills this year. This result is due to the fact that any such compensation additions tax an already strained system. New applications are likely to increase, requiring a concomitant increase in VCB staffing to help process them. Such larger caseloads could then potentially lead to a backlog in applications, delay processing of applications, and thus delay payments to victims/survivors, which can increase the hardship on such already-victimized persons for whom the entire fund was created. Over time, increases in both applications and payments may well challenge the stability of compensation funding, because more funds will be needed to support payments than those currently collected and appropriated for victims of crime.
   
   “For these reasons, we believe that the Legislature should give consideration to appropriations from an alternative source to fund mental health needs of exonerees, rather than cause an increase in VCB work-loads and diminution of restitution funds to compensate crime victims - those citizens for whom this entire scheme was created and who have a state constitutional right to restitution.”
   
3. Related Legislation: AB 701 (Weber), would provide an exonerated person $5,000 upon release to be used to pay for housing. AB 701 will be heard in this committee today.
   
4. Prior Legislation:
   
   1. SB 1050 (Lara), Chapter 979, Statutes of 2018, expanded transitional services for exonerated persons, and requires exonerated persons to be paid $1000 upon release from incarceration.
      
   2. SB 336 (Anderson), Chapter 728, Statutes of 2017, revised the definition of “exonerated” for the purpose of eligibility for assistance with transitional services to include a person who has been convicted and subsequently was granted a writ of habeas corpus.
      
   3. AB 672 (Jones-Sawyer), Chapter 403, Statutes of 2015, requires the California Department of Corrections and Rehabilitation to provide transitional services to exonerated persons upon their release.
      
   4. 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

Exonerated Nation (Sponsor)

California Attorneys for Criminal Justice (Co-Sponsor)

California Public Defenders Association

Ella Baker Center for Human Rights

Opposition

California District Attorneys Association

Analysis Prepared by:

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

1. The figures are represented are in thousands. So, for example, the projected fund balance for FY 2019-2020 is $17,288,000. ↑