Existing law allows a person who is factually innocent and was convicted of a crime, in specified circumstances, to present a claim to the California Victim Compensation Board or move the court for a finding that they are entitled to approval of a claim for compensation for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration. Existing law allows the district attorney or Attorney General to object to this claim and attempt to prove, by clear and convincing evidence, that the person committed the acts constituting the offense. Existing law prohibits the district attorney or Attorney General from relying on specified facts to prove that objection, including, among other things, the fact the state still maintains the claimant is guilty of the crime for which they were wrongfully convicted. Existing law also prohibits the district attorney or Attorney General from relying solely on the trial record to establish that the petitioner is not entitled to compensation.
This bill would remove the prohibition on relying solely on the trial record.
Existing law requires the court to grant a motion for a finding that the person is entitled to approval of a claim for compensation unless the district attorney objects within 15 days. Existing law requires the California Victim Compensation Board to approve payment to the claimant unless the Attorney General objects within 45 days.
This bill would extend the time period for both of those objections to 120 days.
The bill would additionally prohibit compensation for an erroneous conviction from being paid to a person serving a sentence for a serious or violent felony. The bill would also require that if a claimant has an outstanding restitution order, that order be paid from the claimant's compensation before the claimant is paid.

Statutes affected:
SB 490: 1485.55 PEN, 4902 PEN, 4903 PEN
02/19/25 - Introduced: 1485.55 PEN, 4902 PEN, 4903 PEN