Existing law allows a person who was erroneously convicted of a felony and imprisoned in the state prison or a county jail to present a claim to the Victims Compensation Board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration. Existing law requires the board to provide a recommendation to the Legislature that an appropriation be made for the purpose of indemnifying the claimant for the erroneous conviction injury. Existing law requires that the amount of the appropriation recommended by the board be equivalent to $140 per day of incarceration served, and $70 per day served on parole or supervised release, as specified. Existing law requires that these amounts be updated annually to account for changes in the United States Bureau of Labor Statistics Consumer Price Index, West Region.

This bill would, upon appropriation by the Legislature, require the board to reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration. The bill would require the board to reimburse a person incarcerated for 8 or more years for a period of no less than 2 years, reimburse a person, in addition to the amount contained in an approved claim, with specified amounts intended to be used for mental health services, and would prohibit the board from reimbursing a person for a period of time exceeding the amount of time they were incarcerated.

Existing law allows a person who was erroneously convicted of a felony and imprisoned in the state prison or a county jail to present a claim to the Victims Compensation Board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration. Existing law requires the board to provide a recommendation to the Legislature that an appropriation be made for the purpose of indemnifying the claimant for the erroneous conviction injury. Existing law requires that the amount of the appropriation recommended by the board be equivalent to $140 per day of incarceration served, and $70 per day served on parole or supervised release, as specified. Existing law requires that these amounts be updated annually to account for changes in the United States Bureau of Labor Statistics Consumer Price Index, West Region.

This bill would, upon appropriation by the Legislature, require the board to reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration. The bill would require the board to reimburse a person incarcerated for 8 or more years for a period of no less than 2 years, and would prohibit the board from reimbursing a person for a period of time exceeding the amount of time they were incarcerated.

Existing law allows a person who was erroneously convicted of a felony and imprisoned in the state prison or a county jail to present a claim to the Victims Compensation Board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration. Existing law requires the board to provide a recommendation to the Legislature that an appropriation be made for the purpose of indemnifying the claimant for the erroneous conviction injury. Existing law requires that the amount of the appropriation recommended by the board be equivalent to $140 per day of incarceration served, and $70 per day served on parole or supervised release, as specified. Existing law requires that these amounts be updated annually to account for changes in the United States Bureau of Labor Statistics Consumer Price Index, West Region.

This bill would, upon appropriation by the Legislature, require the board to reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration. The bill would require the board to reimburse a person incarcerated for 8 or more years for a period of no less than 2 years, and would prohibit the board from reimbursing a person for a period of time exceeding the amount of time they were incarcerated.

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 997 (Gipson) - Exoneration: mental health services

Bill Summary:

AB 997 would require the California Victim Compensation Board (CalVCB) to reimburse an exonerated person for mental health services reasonably related to their incarceration, as specified.

Fiscal Impact:

The CalVCB reports annual, ongoing costs of approximately $2.7 million in order to reimburse claims for mental health services and in additional staff resources (12.0 PY) to administer the new mental health program (General Fund). Additional costs may be incurred to create, develop, and test a new database in order to process these mental health claims for compensation in a timely manner.

Background:

Existing law allows a person who has been wrongfully convicted of a felony and imprisoned to file a claim against the state with the CalVCB for compensation at a rate of $140 per day of imprisonment. If a claimant has first obtained a declaration of factual innocence from a court, CalVCB is required to recommend to the Legislature to make a payment to the claimant within 30 days of the claim. For claimants who have not obtained a declaration of factual innocence, if a state or federal court grants a writ of habeas corpus or if a state court grants a motion to vacate based on newly discovered evidence, as specified, and as a result of either or those actions the charges are dismissed or the person is acquitted of the charges on a retrial, the person is also entitled to payment on their claim without a separate hearing, unless the Attorney General (AG) objects in writing within 45 days of the filing of the claim for compensation. CalVCB would then be required to hold a hearing where the AG has the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. If the AG fails to meet this burden, CalVCB shall recommend to the Legislature payment of the compensation sum.

This bill requires the board, upon appropriation by the Legislature for this purpose, to reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration. This amount is to be in addition to any amount contained in an approved claim for erroneous conviction compensation.

Existing law already requires CDCR to provide some transitional services for exonerees, including mental health services. 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.

This bill would specify that the mental health services related to a person’s wrongful incarceration are reimbursable by the board. Additionally, this bill provides that for persons who have been incarcerated for 8 or more years, the board shall allocate, in addition to the amount contained in an approved claim, $15,000 per year of incarceration with a maximum of 4 or years depending on the total time incarcerated to be used for mental health services.

Proposed Law:

• States that the board shall, upon appropriation by the Legislature for this purpose, reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration.
• Provides that if a person was incarcerated for 8 or more years, the board shall allocate, in addition to the amount contained in an approved claim, an amount intended to be used for mental health services as follows:
  • If the individual was incarcerated for 8 to 12 years, inclusive, $15,000 per year for up to 4 years; or,
  • If the individual was incarcerated for more than 12 years, $15,000 per year for up to 6 years.
• Prohibits the board from reimbursing the person for services for a period of time exceeding the amount of time the person was incarcerated.
• Provides that the board shall provide individual payment or reimbursement no more than 30 days after a claim is submitted.
• Provides that an “exonerated person” is any person whose erroneous conviction claim is approved by the California Victim Compensation Board on or after January 1, 2024.

Related Legislation:

• AB 1187 (Quirk-Silva, 2023) would authorize the California Victim Compensation Board to reimburse the expense of counseling services provided by a Certified Life Specialist who provides counseling under the supervision of a licensed provider, subject to the board’s approval and limitations set by the board. AB 1187 is pending in this Committee.
• AB 1186 (Bonta, 2023) would remove the court’s ability to require a minor to pay monetary victim restitution and instead require the juvenile court to transmit the restitution order to the California Victim Compensation Board for issuance of payment to the victim. AB 1186 is pending in this Committee.
• SB 530 (Bradford, 2023) would change the compensation process for a person who has been exonerated by removing the requirement that a person be imprisoned to present a claim, removing the requirement that a person prove an injury; extending the deadline for filing a claim; and providing for compensation for reasonable attorney’s fees and for erroneously having to register as a sex offender. SB 530 was held on this Committee’s Suspense File.
• SB 655 (Durazo, 2023) would make various changes to the California Victim Compensation Program including shortening the timeframes for approving or denying applications, removing specified ineligibility factors such as the requirement to cooperate with law enforcement and authorizing the CalVCB to use additional forms of evidence to verify that a qualifying crime has occurred. SB 655 was held on this Committee’s Suspense File.
• SB 838 (Menjivar, 2023) would revise the definition of “crime” for purposes of the Victim Compensation Program (VCP) to include an incident in which an individual sustains serious bodily injury or death as the result of a law enforcement officer’s use of force. SB 838 is pending on this Committee’s Suspense File.
• AB 160 (Committee on Budget), Ch. 771, Stats. of 2022, raised the maximum reimbursable amount and the individual limits for specified expenses which will go into effect July 1, 2024, contingent on funds being available and appropriated in the 2024-2025 fiscal year.
• AB 767 (Grayson, 2019) would have expanded eligibility for compensation under the Victims Compensation Program (VCP) for injuries or death caused by use of force by a police officer. AB 767 was held on suspense in this committee.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: AB 997 Hearing Date: June 20, 2023

Subject: Exoneration: mental health services

HISTORY

Source: Exonerated Nation

Prior Legislation: AB 701 (Weber), Ch. 435, Stats. 2019

AB 702 (Weber), held in Assem. Approps, 2019

SB 1050 (Lara), Ch. 979, Stats. 2018

AB 672 (Jones-Sawyer), Ch. 403, Stats. 2015

AB 618 (Leno), Ch. 800, Stats. 2013

Support: California Attorneys for Criminal Justice; California Faculty Association; California Public Defenders Association; Californians for Safety and Justice; National Association of Social Workers, California Chapter; Prosecutors Alliance California

Opposition: None known

Assembly Floor Vote: 80 - 0

PURPOSE

The purpose of this bill is to require the California Victim Compensation Board to reimburse an exonerated person for mental health services reasonably related to their incarceration, as specified.

Existing law requires the California Department of Corrections (CDCR) to assist a person who is exonerated as to a conviction for which the person is serving a state prison sentence at the time of exoneration with transitional services, including among other things, mental health services. The services shall be offered within the first week of an individual’s exoneration and again within the first 30 days of exoneration. Services shall be provided for a period of not less than six months and not more than one year from the date of release unless the exonerated person qualifies for services beyond one year, as specified. (Pen. Code, § 3007.05, subd. (h).

Existing law provides that each person who is exonerated shall be paid $1,000 upon their 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. (i).)

Existing law defines “exonerated” as a person who has been convicted and subsequently either of the following occurred:

• 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;
  
• 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 their own recognizance , or to bail pending retrial or pending appeal; or,
• The person was given an absolute pardon by the governor on the basis that the person was innocent. (Pen. Code, § 3007.05, subd. (i).)

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. (Pen. 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 California Victim Compensation Board (“the board”). Upon application the Board shall, without a hearing, recommend to the Legislature that an appropriation be made. (Pen. Code, § 851.865.)

Existing law authorizes a person who, having been convicted of any crime amounting to a felony and imprisoned in the state prison or county jail, is granted a pardon by the Governor for the reason that the crime with which they were charged was either not committed at all or, if committed, was not committed by the person, or who, being innocent of the crime with which they were charged for either of those reasons, were imprisoned in state prison or county jail, may present a claim against the state to the board for the wrongful conviction. (Pen. Code, § 4900, subd. (a).)

Existing law requires the board to approve payment for the purpose of indemnifying the claimant for the injury if sufficient funds are available, upon appropriation by the Legislature. The amount of compensation shall be a sum equivalent to $140 per day of incarceration served, and shall include any time spent in custody, including in a county jail, that is considered to be part of the term of incarceration. That appropriation shall not be treated as gross income to the recipient under the Revenue and Taxation Code. (Pen. Code, § 4904.)

This bill states that the board shall, upon appropriation by the Legislature for this purpose, reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration.

This bill provides that if a person was incarcerated for 8 or more years, the board shall allocate, in addition to the amount contained in an approved claim, an amount intended to be used for mental health services as follows:

• If the individual was incarcerated for 8 to 12 years, inclusive, $15,000 per year for up to 4 years; or,
• If the individual was incarcerated for more than 12 years, $15,000 per year for up to 6 years.

This bill prohibits the board from reimbursing the person for services for a period of time exceeding the amount of time the person was incarcerated.

This bill states that the board shall provide individual payment or reimbursement no more than 30 days after a claim is submitted.

This bill provides that an “exonerated person” is any person whose erroneous conviction claim is approved by the California Victim Compensation Board on or after January 1, 2024.

COMMENTS

1. Need for this Bill

According to the author of this bill:

After being released from prison, the exonerated are “free”, but still carry mental wounds and the stigma that comes with being formerly incarcerated. For example, the long-term psychological effects of unjust imprisonment manifest only after exoneration and can result in severe disruption, dysregulation, and dysfunction. These devastating mental health outcomes resemble that of military veterans and torture survivors who suffer from extreme forms of trauma. Being incarcerated for a crime they did not commit not only affects an individual’s lifestyle in the long run, but it also takes a huge mental toll on the people who are affected.

Current law allows an individual whose conviction is reversed, and who meets certain requirements, to submit a claim to the Board seeking compensation from the state for their improper imprisonment. If the Board approves the exonerated person’s claim, they are entitled to compensation of up to $140 per day of their incarceration. The Board has approved compensation claims for 68 individuals in California since 2000. The Board observed an increase in claims it received and granted in the past few years, potentially due to recent changes in law that made it easier to obtain compensation for certain claims.

This bill would also require the Board, after it approves an exonerated person’s claim for compensation, to reimburse claims the exonerated person submits for mental health services “reasonably related to” their incarceration. As described above, the bill gives some guidance about the duration for which the Board must reimburse an individual’s mental health services costs – if someone was incarcerated for eight years or more, they are entitled to at least two years of mental health services reimbursement, and the Board cannot provide mental health reimbursement for longer than a claimant was incarcerated.

AB 997 is a piece of good legislation that provides restitution to a small population of Californians who have been wrongfully convicted. These exonerees have lost valuable years of their lives that can never be given back. Mental health services are essential in helping heal the scars on oneself while being incarcerated.

1. Erroneous Conviction Compensation

Existing law allows a person who has been wrongfully convicted of a felony and imprisoned to file a claim against the state with the CalVCB for compensation at a rate of $140 per day of imprisonment. (Pen. Code, §§ 4900, 4904.) If a claimant has first obtained a declaration of factual innocence from a court, CalVCB is required to recommend to the Legislature to make a payment to the claimant within 30 days of the claim.

For claimants who have not obtained a declaration of factual innocence, if a state or federal court grants a writ of habeas corpus or if a state court grants a motion to vacate based on newly discovered evidence, as specified, and as a result of either or those actions the charges are dismissed or the person is acquitted of the charges on a retrial, the person is also entitled to payment on their claim without a separate hearing, unless the Attorney General (AG) objects in writing within 45 days of the filing of the claim for compensation. (Pen. Code, § 4902.) CalVCB would then be required to hold a hearing where the AG has the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. If the AG fails to meet this burden, CalVCB shall recommend to the Legislature payment of the compensation sum. (Pen. Code, § 4903.)

This bill requires the board, upon appropriation by the Legislature for this purpose, to reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration. This amount is to be in addition to any amount contained in an approved claim for erroneous conviction compensation.

1. 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. (h).) 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.) In addition, these services are only offered to persons who are exonerated as to a conviction for which they are serving a state prison sentence; no such relief is afforded to persons who are exonerated as to a conviction for which they are serving a sentence in county jail pursuant to realignment.

This bill would specify that the mental health services related to a person’s wrongful incarceration, except those that are already reimbursed by CDCR, are reimbursable by the board. Additionally, this bill provides that for persons who have been incarcerated for 8 or more years, the board shall allocate, in addition to the amount contained in an approved claim, $15,000 per year of incarceration with a maximum of 4 or years depending on the total time incarcerated to be used for mental health services.

1. Argument in Support

According to Exonerated Nation, the sponsor of this bill:

Exonerated citizens, like other formerly incarcerated individuals, experience immediate and long-term impacts of incarceration and are at increased risk of adverse mental health outcomes. However, research on the unique burdens of wrongful imprisonment identify numerous mental health and associated challenges, including posttraumatic stress disorder (PTSD), depression and anxiety, fractured relationships with families, the stigma of prison, and overall challenges of reintegration and adjustment to a new life after years of loss.

Added to this burden is growing evidence that suggests the mental health outcomes of exonerees often resemble the devastating trauma experienced by military veterans and torture survivors. These parallels highlight the severe psychological and neurological effects of wrongful conviction coupled with long-term imprisonment. Findings from a 2020 qualitative study among twelve California exonerees, revealed a multitude of mental health challenges experienced by respondents, including, depression, anxiety, hypervigilance, and chronic trauma . In a 2021 study exploring coping mechanisms among 60 exonerees, results found that 66% of participants did not have a mental health provider and over half described their mental health status as poor or fair. Lastly, in a recent study on symptoms of anxiety, depression, posttraumatic stress disorder (PTSD), and sleep problems among exonerees (n=13), results found 50% reported clinically significant levels of depression, anxiety, and PTSD symptoms.

These findings support the critical need for access to mental health services. AB 997 would provide much needed relief for exonerees.

-- END –

ASSEMBLY THIRD READING

ATR Bill Id:AB 997

Author:(Gipson)

As Amended Ver:May 18, 2023

Majority vote

SUMMARY

Requires the California Victim Compensation Board (the Board) to reimburse an exonerated person for mental health services related to their incarceration.

Major Provisions

1. Require the Board to reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration.
2. State that if a person was incarcerated for eight or more years, the Board shall allocate, in addition to the amount contained in an approved claim, an amount intended to be used for mental health services as follows:
   1. $15,000 per year, for up to four years, for individuals incarcerated for eight to 12 years; and,
   2. $15,000 per year, for up to six years, for individuals incarcerated form more than 12 years.
3. Prohibit reimbursement for services for a period of time exceeding the amount of time the person was incarcerated.
4. Require the Board to provide individual payment or reimbursement no more than 30 days after a claim is submitted.
5. Exclude mental health services already reimbursed by the California Department of Corrections and Rehabilitation.
6. Define "exonerated person" as any person whose claim for wrongful conviction compensation is approved by the Board on or after January 1, 2024.
7. Provide that the reimbursement is subject to appropriation by the Legislature.

COMMENTS

According to the Author

"AB 997 is a piece of good legislation that provides restitution to a small population of Californians who have been wrongfully convicted. These exonerees have lost valuable years of their lives that can never be given back. Mental health services are essential in helping heal the scars on oneself while being incarcerated."

Arguments in Support

According to the California Public Defenders Association (CPDA), "CPDA members represent those who have been wrongfully accused and convicted. We have witnessed our clients try and restore their life back to some semblance of normalcy following a wrongful conviction. Obtaining employment and securing housing are daunting enough without dealing with the lingering trauma of being wrongfully convicted and incarcerated. It is important for individuals to receive mental health treatment for that trauma. Access to mental health services promotes public safety.

"Victims of wrongful conviction and incarceration should not be burdened with the additional expense of paying for mental health treatment. AB 997 is an attempt to rectify the harms of wrongful conviction and incarceration. While the time lost serving a sentence following a wrongful conviction can never be recouped, attempting to make the wronged individual whole is the least the State can do."

Arguments in Opposition

None Submitted.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Costs (General Fund (GF)) of an unknown but significant amount to reimburse mental health service claims for exonerated people. Actual costs will depend on the number of claims of exoneration approved by the California Victim Compensation Board (Board), the number of reimbursement claims submitted, and the cost of mental health services for which claimants seek reimbursement. Under this bill, an exonerated person who was incarcerated for eight to 12 years would be eligible for up to $60,000 in mental health services reimbursements over four years. An exonerated person who was incarcerated for more than 12 years would be eligible for up to $90,000 in mental health services reimbursements over six years. The bill does not specify a reimbursement cap for an exonerated person who was incarcerated for less than eight years, but specifies that an exoneree may not be reimbursed for mental health services for a longer period of time than the amount of time they were incarcerated.

The Board has approved claims of exoneration for 68 people, all of whom would be eligible for reimbursement of mental health services under this bill. The average length of incarceration for previously-approved claimants is 19 years. If 30 claimants who were each incarcerated for 19 years received the full amount of mental health services reimbursement available to them under this bill, GF costs would be $2.7 million over six years.

1. Costs (GF) to Board to administer mental health services reimbursements. The Board estimates one-time costs of approximately $750,000 to create a database to track mental health services reimbursement claims, and ongoing staffing costs to administer the reimbursement program, potentially in the hundreds of thousands to low millions of dollars.

VOTES

ASM PUBLIC SAFETY: 8-0-0

YES: Jones-Sawyer, Alanis, Bonta, Bryan, Lackey, Ortega, Santiago, Zbur

ASM APPROPRIATIONS: 11-0-5

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega

ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez

UPDATED

VERSION: May 18, 2023

CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0000906

Date of Hearing: April 19, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 997

Author:(Gipson) – As Amended Ver:March 16, 2023

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

SUMMARY:

This bill requires the California Victim Compensation Board (the Board) to reimburse an exonerated person for mental health services related to their incarceration.

Specifically, this bill:

1. Requires the Board to reimburse an exonerated person for at least two years of mental health services if they were incarcerated for eight years or more.
2. Prevents the Board from reimbursing someone for mental health services for a longer period of time than the period of time they were incarcerated.
3. Requires the Board to provide payment or reimbursement within 30 days after a claim is submitted.

FISCAL EFFECT:

This bill would likely generate millions of dollars in General Fund costs each year. The bill sets time periods during which the Board must reimburse mental health claims for people who have been exonerated, but does not provide any limits to the number of claims each exonerated person may submit, or amount of reimbursement to which they are entitled. Therefore, costs could vary widely. One exonerated person may seek reimbursement for weekly out-patient therapy sessions, while another may seek reimbursement for multiple types of more intensive, high-cost services like inpatient treatment programs or wellness retreats. The Board has approved claims of exoneration for 68 people, all of whom would be eligible for reimbursement of mental health services under this bill. If half of them submitted monthly claims for reimbursement of $12,250, their total reimbursement cost for one year would be just under $5 million.

Additionally, the Board estimates that it would need a one-time expenditure of approximately $750,000 to create a database to track mental health services reimbursement claims, plus approximately $1,745,000 annually to fund 12 new staff positions to administer the reimbursement program.

COMMENTS:

1. Author’s Statement. According to the author:

AB 997 is a piece of good legislation that provides restitution to a small population of Californians who have been wrongfully convicted. These exonerees have lost valuable years of their lives that can never be given back. Mental health services are essential in helping heal the scars on oneself while being incarcerated.

1. Background. Current law allows an individual whose conviction is reversed, and who meets certain requirements, to submit a claim to the Board seeking compensation from the state for their improper imprisonment. If the Board approves the exonerated person’s claim, they are entitled to compensation of up to $140 per day of their incarceration. The Board has approved compensation claims for 68 individuals in California since 2000. The Board observed an increase in claims it received and granted in the past few years, potentially due to recent changes in law that made it easier to obtain compensation for certain claims.

This bill would also require the Board, after it approves an exonerated person’s claim for compensation, to reimburse claims the exonerated person submits for mental health services “reasonably related to” their incarceration. As described above, the bill gives some guidance about the duration for which the Board must reimburse an individual’s mental health services costs – if someone was incarcerated for eight years or more, they are entitled to at least two years of mental health services reimbursement, and the Board cannot provide mental health reimbursement for longer than a claimant was incarcerated. The Board reports that the average length of incarceration for previously approved claimants is 19 years. Under this bill, someone who was incarcerated for 19 years and later exonerated would be entitled to at least two years, and no more than 19 years, of mental health services reimbursement. The bill does not provide additional detail about when claimants must submit mental health services claims, whether the Board has discretion about which reimbursement claims to approve, whether there is an annual or lifetime cap to total reimbursements for each claimant, or how the Board should determine whether mental health services are “reasonably related” to an individual’s incarceration.

Many formerly incarcerated people experience serious, ongoing mental health effects as a result of their imprisonment, and exonerated people would no doubt benefit from significant mental health support during the years-long transition after their release from custody. However, the costs for this bill could be significantly lower or higher than the above estimate because so many variables are undefined, and much of the cost depends on the circumstances of each eligible exonerated person. The author may wish to provide additional detail to help determine the long-term cost and feasibility of this program.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: March 21, 2023

Counsel: Liah Burnley

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:

SUMMARY:

Requires the California Victim Compensation Board (the Board) to reimburse an exonerated person for mental health services related to their incarceration. Specifically, this bill:

1. Requires the Board to reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration.

1. States that if a person was incarcerated for eight or more years, the Board shall reimburse the person for services for no less than two years.
2. Prohibits reimbursement for services for a period of time exceeding the amount of time the person was incarcerated.
3. Requires the Board to provide individual payment or reimbursement no more than 30 days after a claim is submitted.
4. Excludes mental health services already reimbursed by CDCR for specified exonerated persons from these provisions.
   
5. Defines “Exonerated person” as any person whose claim for wrongful conviction compensation is approved by the Board.
   
6. Provide that these provisions are subject to appropriation by the Legislature.

EXISTING LAW:

1. Requires CDCR to assist a person who is exonerated as to a conviction for which the person is serving a state prison sentence at the time of exoneration with transitional services, including among other things, mental health services. The services shall be offered within the first week of an individual’s exoneration and again within the first 30 days of exoneration. Services shall be provided for a period of not less than six months and not more than one year from the date of release unless the exonerated person qualifies for services beyond one year, as specified. (Pen. Code, § 3007.05, subd. (h).)
   
2. Provides that each person who is exonerated shall be paid $1,000 upon their 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. (i).)
   
3. 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 their own recognizance , or to bail 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. (i).)
      
4. 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.)
   
5. States that if a person has secured a declaration of factual innocence, the finding shall be sufficient grounds for compensation by the Board. Upon application the Board shall, without a hearing, recommend to the Legislature that an appropriation be made. (Pen. Code, § 851.865.)
   
6. Allows any person convicted of a felony and imprisoned in the state prison or incarcerated in county jail for that conviction, that is granted a pardon by the Governor because the crime was not committed or, if committed, was not committed by the person, and who served the term or any part thereof in state prison or county jail, to present a claim against the state to the Board for the erroneous conviction and imprisonment or incarceration. (Pen. Code, § 4900.)
   
7. Requires a claim to be presented by the claimant to the Board within a period of 10 years after judgment of acquittal, dismissal of charges, pardon, or release from custody, whichever is later. (Pen. Code, § 4901.)
   
8. Requires the Board to approve payment for the purpose of indemnifying the claimant for the injury if sufficient funds are available, upon appropriation by the Legislature. The amount of the payment is $140 per day of incarceration served, and any time spent in custody, including in a county jail, is considered to be part of the term of incarceration. (Pen. Code, § 4904.)
   

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “AB 997 is a piece of good legislation that provides restitution to a small population of Californians who have been wrongfully convicted. These exonerees have lost valuable years of their lives that can never be given back. Mental health services are essential in helping heal the scars on oneself while being incarcerated.”
   
2. Wrongful Conviction Compensation: The Board processes claims from persons seeking compensation for their erroneous convictions. (Pen. Code, §§ 4900-406.) A successful claim results in a recommendation to the Legislature to appropriate compensation in the amount of $140 per day of incarceration in a state prison or county jail. (Pen. Code, §4904.) To be eligible, the claimant must have been convicted of a felony and the claimant must timely submit a claim within 10 years after release from custody, dismissal of charges, judgment of acquittal, or pardon granted, whichever is later. (California Victim Compensation Board, Claims for Erroneously Convicted Persons <https://victims.ca.gov/legal/pc4900/> [as of March 10, 2023].)
   
3. 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. (h).) 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.) In addition, these services are only offered to persons who are exonerated as to a conviction for which they are serving a state prison sentence; no such relief is afforded to persons who are exonerated as to a conviction for which they are serving a sentence in county jail pursuant to realignment.
   
   This bill would specify that the mental health services related to a person’s wrongful incarceration, except those that are already reimbursed by CDCR, are reimbursable by the Board.
   
4. Argument in Support: According to the California Public Defenders Association (CPDA), “CPDA members represent those who have been wrongfully accused and convicted. We have witnessed our clients try and restore their life back to some semblance of normalcy following a wrongful conviction. Obtaining employment and securing housing are daunting enough without dealing with the lingering trauma of being wrongfully convicted and incarcerated. It is important for individuals to receive mental health treatment for that trauma. Access to mental health services promotes public safety.
   

“Victims of wrongful conviction and incarceration should not be burdened with the additional expense of paying for mental health treatment. AB 997 is an attempt to rectify the harms of wrongful conviction and incarceration. While the time lost serving a sentence following a wrongful conviction can never be recouped, attempting to make the wronged individual whole is the least the State can do.”

1. Related Legislation: SB 530 (Bradford), would delete the requirement that the claimant for wrongful conviction compensation show they have sustained an injury through their erroneous conviction and imprisonment. SB 530 is pending hearing in Senate Public Safety Committee.
   
2. Prior Legislation:
   
   1. ABPCA Bill Id:AB 701 (Weber), Chapter 435, Statutes of 2019, requires payment of $5,000 to an exonerated person, upon release, for housing and entitles the person to receive direct payment or reimbursement for reasonable housing costs, including, among others, rent and hotel costs for a period of not more than 4 years.
      
   2. AB 702 (Weber), of the 2019-2020 Legislative Session, would have required the Board to provide reimbursement from the fund to any exonerated individual, as defined, for mental health services, as specified. AB 702 was held in Assembly Appropriations Committee.
      
   3. AB 703 (Weber), Chapter 463, Statutes of 2019, prohibits the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California from collecting mandatory tuition and fees from exonerated persons.
      
   4. SB 1050 (Lara), Chapter 979, Statutes of 2018, expanded transitional services for exonerated persons, and requires exonerated persons to be paid $1,000 upon release from incarceration.
   5. AB 672 (Jones-Sawyer), Chapter 403, Statutes of 2015, requires CDCR to provide transitional services to exonerated persons upon their release.
   6. AB 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 for Safety and Justice

California Public Defenders Association (CPDA)

Opposition

None submitted.

Analysis Prepared by: