Criminal procedure: factual innocence.

Existing law authorizes a person who is unlawfully imprisoned under specified circumstances, including, without limitation, conviction on the basis of false evidence or the existence of new exculpatory evidence, to prosecute a writ of habeas corpus ordering their release. Existing law also authorizes such a person who is no longer in custody to prosecute a motion to vacate a judgment. Under existing law, if the district attorney stipulates to or does not contest the factual allegations underlying the application for the writ or motion, the district attorney is required to provide notice to the Attorney General. This bill would require that notice to be given no less than 7 days before entering a stipulation. Under existing law, if a writ of habeas corpus or motion to vacate a judgment is granted for specified reasons, the petitioner may move for a finding of factual innocence by a preponderance of the evidence for the purpose of obtaining compensation for the pecuniary injury sustained through the erroneous conviction and incarceration. This bill would authorize a person, if the court has granted specified writs of habeas corpus and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, to move the court for a finding that they are entitled to compensation. The bill would require the court to grant that motion unless the district attorney can establish by clear and convincing evidence that the person committed the acts constituting the offense and is therefore not entitled to compensation, as specified. Existing law requires the California Victim Compensation Board to recommend to the Legislature that an appropriation be made and a claim paid, as specified, to a person who has secured a declaration of factual innocence from the court and has applied to the board for compensation, as specified. This bill would instead require the board to approve payment to the person if sufficient funds are available and funds are appropriated by the Legislature for that purpose. Existing law requires the board to calculate the compensation for injury sustained because of erroneous conviction and imprisonment based on factual innocence and approve payment to a claimant, as specified, within 30 days of the presentation of the claim to the board, if sufficient funds are available, upon appropriation by the Legislature. This bill would instead require the calculation within 90 days of the filing of the claim. The bill would authorize the board, prior to approving payment, to request from both parties additional documents or arguments as needed to calculate compensation. The bill would make other conforming changes.