Factual innocence: compensation and services.

Existing law establishes procedures for a wrongfully convicted person to seek compensation from the state for injury sustained by the person through erroneous conviction and imprisonment. Under existing law, those procedures require the California Victim Compensation and Government Claims Board to report the facts and its conclusions to the Legislature and recommend the Legislature make an appropriation for the indemnification of the claimant in the amount of $140 per day of incarceration. Existing law establishes a procedure that allows a person who was convicted of a felony and is currently serving a term of imprisonment to request DNA testing from the court. This bill would provide reentry assistance for a person whose criminal conviction was vacated by a court and who was released from custody as a result. The bill would require a county board of supervisors to designate a local agency to assist a person with reentry services, as specified. The bill would provide that if DNA testing proves that the person is excluded from the field of possible perpetrators of the crime the person was convicted of committing, the court shall grant a motion to vacate the sentence and declare the person factually innocent of the crime. The bill would allow the prosecutor to file a motion to show cause why the motion to vacate should not be granted. The bill would require the court to order all records pertaining to that crime to be amended to redact the person's name, and all references to the person, unless the person files an intent to file a civil action for wrongful conviction or a claim with the California Victim Compensation and Government Claims Board for injury sustained by erroneous conviction and imprisonment. The bill would require the Department of Justice to send a notice to all relevant law enforcement jurisdictions of factual innocence, as specified. This bill would require the California Victim Compensation and Government Claims Board to recommend that the Legislature make an appropriation to the claimant, in addition to the $140 per day of incarceration, in an amount that includes economic damages, including attorney's fees and postrelease medical expenses. The bill would provide that an exonerated person is eligible for compensation for goods and services necessary for the person to meet basic needs and successfully reintegrate into society, as specified. The bill would allow private entities to be authorized to serve as case management agencies for exonerated persons, and would specify the responsibilities of these agencies. The bill would require that an authorized case management agency receive compensation annually for its reasonable administrative expenses. Because the bill would impose new requirements on local government and local law enforcement agencies, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.