§ 4904. — (Amended (as added by Stats. 2022, Ch. 771, Sec. 21) by Stats. 2023, Ch. 702, Sec. 6.)

California § 4904.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 6.
• Part 3.: TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS
• Ch. 5.: CHAPTER 5. Indemnity for Persons Erroneously Convicted and Pardoned

Text

(a)
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, or for claims pursuant to subdivision (b) of Section 4900, the Attorney General’s office has not met their burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense, and the California Victim Compensation Board has found that the claimant has sustained injury through their erroneous conviction and imprisonment, the California Victim Compensation Board shall 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 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. Notwithstanding any other provision in this section, the California Victim Compensation Board, prior to approving payment, may request from both parties additional documents or arguments as needed to calculate compensation. That payment shall not be treated as gross income to the recipient under the Revenue and Taxation Code.
(b)
(1)
This section shall become inoperative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 2024–25 fiscal year are available to support ongoing augmentations and actions, and if an
appropriation is made to backfill the Restitution Fund to support the actions in this section. If those conditions are met, this section is repealed January 1, 2025.
(2)
The amendments made by the act adding this subdivision shall become operative on January 1, 2023.

Legislative History

Amended (as amended by Stats. 2022, Ch. 771, Sec. 20) by Stats. 2023, Ch. 702, Sec. 5. (SB 78) Effective January 1, 2024. Conditionally inoperative July 1, 2024, as prescribed by its own provisions. Conditionally repealed January 1, 2025, as prescribed by its own provisions. See later operative version, as amended by Sec. 6 of Stats. 2023, Ch. 702.