Chapter 5. Indemnity For Persons Erroneously Convicted And Pardoned of California Penal Code >> Title 6. >> Part 3. >> Chapter 5.
Any person who, having been convicted of any crime against
the state amounting to a felony and imprisoned in the state prison or
incarcerated in county jail pursuant to subdivision (h) of Section
1170 for that conviction, is granted a pardon by the Governor for the
reason that the crime with which he or she was charged was either
not committed at all or, if committed, was not committed by him or
her, or who, being innocent of the crime with which he or she was
charged for either of the foregoing reasons, shall have served the
term or any part thereof for which he or she was imprisoned in state
prison or incarcerated in county jail, may, under the conditions
provided under this chapter, present a claim against the state to the
California Victim Compensation and Government Claims Board for the
pecuniary injury sustained by him or her through the erroneous
conviction and imprisonment or incarceration.
(a) A claim under Section 4900, accompanied by a statement of
the facts constituting the claim, verified in the manner provided
for the verification of complaints in civil actions, is required to
be presented by the claimant to the California Victim Compensation
and Government Claims Board within a period of two years after
judgment of acquittal or after pardon granted, or after release from
custody, and no claim not so presented shall be considered by the
California Victim Compensation and Government Claims Board.
(b) For purposes of subdivision (a), "release from custody" means
release from imprisonment from state prison or from incarceration in
county jail when there is no subsequent parole jurisdiction exercised
by the Department of Correction and Rehabilitation or postrelease
jurisdiction under a community corrections program, or when there is
a parole period or postrelease period subject to jurisdiction of a
community corrections program, when that period ends.
(c) A person may not file a claim under Section 4900 until 60 days
have passed since the date of reversal of conviction or granting of
the writ, or while the case is pending upon an initial refiling, or
until a complaint or information has been dismissed a single time.
(a) If the provisions of Section 851.865 or 1485.55 apply in
any claim, the California Victim Compensation and Government Claims
Board shall, within 30 days of the presentation of the claim,
calculate the compensation for the claimant pursuant to Section 4904
and recommend to the Legislature payment of that sum. As to any claim
to which Section 851.865 or 1485.55 does not apply, the Attorney
General shall respond to the claim within 60 days or request an
extension of time, upon a showing of good cause.
(b) Upon receipt of a response from the Attorney General, the
board shall fix a time and place for the hearing of the claim, and
shall mail notice thereof to the claimant and to the Attorney General
at least 15 days prior to the time fixed for the hearing. The board
shall use reasonable diligence in setting the date for the hearing
and shall attempt to set the date for the hearing at the earliest
date convenient for the parties and the board.
(c) If the time period for response elapses without a request for
extension or a response from the Attorney General pursuant to
subdivision (a), the board shall fix a time and place for the hearing
of the claim, mail notice thereof to the claimant at least 15 days
prior to the time fixed for the hearing, and make a recommendation
based on the claimant's verified claim and any evidence presented by
him or her.
(a) At the hearing the claimant shall introduce evidence in
support of the claim, and the Attorney General may introduce evidence
in opposition thereto. The claimant shall prove the facts set forth
in the statement constituting the claim, including the fact that the
crime with which he or she was charged was either not committed at
all, or, if committed, was not committed by him or her, and the
pecuniary injury sustained by him or her through his or her erroneous
conviction and imprisonment.
(b) In a hearing before the board, the factual findings and
credibility determinations establishing the court's basis for
granting a writ of habeas corpus, a motion for new trial pursuant to
Section 1473.6, or an application for a certificate of factual
innocence as described in Section 1485.5 shall be binding on the
Attorney General, the factfinder, and the board.
(c) The board shall deny payment of any claim if the board finds
by a preponderance of the evidence that a claimant pled guilty with
the specific intent to protect another from prosecution for the
underlying conviction for which the claimant is seeking compensation.
If the evidence shows that the crime with which the claimant
was charged was either not committed at all, or, if committed, was
not committed by the claimant, and that the claimant has sustained
injury through his or her erroneous conviction and imprisonment, the
California Victim Compensation and Government Claims Board shall
report the facts of the case and its conclusions to the next
Legislature, with a recommendation that the Legislature make an
appropriation for the purpose of indemnifying the claimant for the
injury. The amount of the appropriation recommended shall be a sum
equivalent to one hundred forty dollars ($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.
The California Victim Compensation and Government Claims
Board shall make up its report and recommendation and shall give to
the Controller a statement showing its recommendations for
appropriations under this chapter, as provided by law in cases of
other claimants against the state for which no appropriations have
The California Victim Compensation and Government Claims
Board is hereby authorized to make all needful rules and regulations
consistent with the law for the purpose of carrying into effect this