| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 997Introduced by Assembly Member GipsonFebruary 15, 2023 An act to add Section 4904.3 to the Penal Code, relating to exoneration. LEGISLATIVE COUNSEL'S DIGESTAB 997, as amended, Gipson. Exoneration: mental health services.Existing law allows a person who was erroneously convicted of a felony and imprisoned in the state prison or a county jail to present a claim to the Victims Compensation Board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration. Existing law requires the board to provide a recommendation to the Legislature that an appropriation be made for the purpose of indemnifying the claimant for the erroneous conviction injury. Existing law requires that the amount of the appropriation recommended by the board be equivalent to $140 per day of incarceration served, and $70 per day served on parole or supervised release, as specified. Existing law requires that these amounts be updated annually to account for changes in the United States Bureau of Labor Statistics Consumer Price Index, West Region.This bill would, upon appropriation by the Legislature, require the board to reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration. The bill would require the board to reimburse a person incarcerated for 8 or more years for a period of no less than 2 years, and would prohibit the board from reimbursing a person for a period of time exceeding the amount of time they were incarcerated.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4904.3 is added to the Penal Code, to read:4904.3. (a) The Except to the extent that mental health services are reimbursed pursuant to subdivision (h) of Section 3007.05, the board shall, upon appropriation by the Legislature for this purpose, reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration.(b) If a person was incarcerated for eight or more years, the board shall reimburse the person for services for no less than two years.(c) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(d) The board shall provide individual payment or reimbursement no more than 30 days after a claim is submitted.(e) As used in this section, an exonerated person is any person whose claim is approved by the California Victim Compensation Board pursuant to this chapter. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 997Introduced by Assembly Member GipsonFebruary 15, 2023 An act to add Section 4904.3 to the Penal Code, relating to exoneration. LEGISLATIVE COUNSEL'S DIGESTAB 997, as amended, Gipson. Exoneration: mental health services.Existing law allows a person who was erroneously convicted of a felony and imprisoned in the state prison or a county jail to present a claim to the Victims Compensation Board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration. Existing law requires the board to provide a recommendation to the Legislature that an appropriation be made for the purpose of indemnifying the claimant for the erroneous conviction injury. Existing law requires that the amount of the appropriation recommended by the board be equivalent to $140 per day of incarceration served, and $70 per day served on parole or supervised release, as specified. Existing law requires that these amounts be updated annually to account for changes in the United States Bureau of Labor Statistics Consumer Price Index, West Region.This bill would, upon appropriation by the Legislature, require the board to reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration. The bill would require the board to reimburse a person incarcerated for 8 or more years for a period of no less than 2 years, and would prohibit the board from reimbursing a person for a period of time exceeding the amount of time they were incarcerated.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 16, 2023 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly May 18, 2023 | |
| 8 | 7 | Amended IN Assembly March 16, 2023 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 997 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member GipsonFebruary 15, 2023 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Gipson | |
| 19 | 18 | February 15, 2023 | |
| 20 | 19 | ||
| 21 | 20 | An act to add Section 4904.3 to the Penal Code, relating to exoneration. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | AB 997, as amended, Gipson. Exoneration: mental health services. | |
| 28 | 27 | ||
| 29 | - | Existing law allows a person who was erroneously convicted of a felony and imprisoned in the state prison or a county jail to present a claim to the Victims Compensation Board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration. Existing law requires the board to provide a recommendation to the Legislature that an appropriation be made for the purpose of indemnifying the claimant for the erroneous conviction injury. Existing law requires that the amount of the appropriation recommended by the board be equivalent to $140 per day of incarceration served, and $70 per day served on parole or supervised release, as specified. Existing law requires that these amounts be updated annually to account for changes in the United States Bureau of Labor Statistics Consumer Price Index, West Region.This bill would, upon appropriation by the Legislature, require the board to reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration. The bill would require the board to reimburse a person incarcerated for 8 or more years for a period of no less than 2 years, | |
| 28 | + | Existing law allows a person who was erroneously convicted of a felony and imprisoned in the state prison or a county jail to present a claim to the Victims Compensation Board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration. Existing law requires the board to provide a recommendation to the Legislature that an appropriation be made for the purpose of indemnifying the claimant for the erroneous conviction injury. Existing law requires that the amount of the appropriation recommended by the board be equivalent to $140 per day of incarceration served, and $70 per day served on parole or supervised release, as specified. Existing law requires that these amounts be updated annually to account for changes in the United States Bureau of Labor Statistics Consumer Price Index, West Region.This bill would, upon appropriation by the Legislature, require the board to reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration. The bill would require the board to reimburse a person incarcerated for 8 or more years for a period of no less than 2 years, and would prohibit the board from reimbursing a person for a period of time exceeding the amount of time they were incarcerated. | |
| 30 | 29 | ||
| 31 | 30 | Existing law allows a person who was erroneously convicted of a felony and imprisoned in the state prison or a county jail to present a claim to the Victims Compensation Board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration. Existing law requires the board to provide a recommendation to the Legislature that an appropriation be made for the purpose of indemnifying the claimant for the erroneous conviction injury. Existing law requires that the amount of the appropriation recommended by the board be equivalent to $140 per day of incarceration served, and $70 per day served on parole or supervised release, as specified. Existing law requires that these amounts be updated annually to account for changes in the United States Bureau of Labor Statistics Consumer Price Index, West Region. | |
| 32 | 31 | ||
| 33 | - | This bill would, upon appropriation by the Legislature, require the board to reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration. The bill would require the board to reimburse a person incarcerated for 8 or more years for a period of no less than 2 years, | |
| 32 | + | This bill would, upon appropriation by the Legislature, require the board to reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration. The bill would require the board to reimburse a person incarcerated for 8 or more years for a period of no less than 2 years, and would prohibit the board from reimbursing a person for a period of time exceeding the amount of time they were incarcerated. | |
| 34 | 33 | ||
| 35 | 34 | ## Digest Key | |
| 36 | 35 | ||
| 37 | 36 | ## Bill Text | |
| 38 | 37 | ||
| 39 | - | The people of the State of California do enact as follows:SECTION 1. Section 4904.3 is added to the Penal Code, to read:4904.3. (a) Except to the extent that mental health services are reimbursed pursuant to subdivision (h) of Section 3007.05, the board shall, upon appropriation by the Legislature for this purpose, reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration.(b) If a person was incarcerated for eight or more years, the board shall reimburse the person for services for no less than two years. | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 4904.3 is added to the Penal Code, to read:4904.3. (a) The Except to the extent that mental health services are reimbursed pursuant to subdivision (h) of Section 3007.05, the board shall, upon appropriation by the Legislature for this purpose, reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration.(b) If a person was incarcerated for eight or more years, the board shall reimburse the person for services for no less than two years.(c) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(d) The board shall provide individual payment or reimbursement no more than 30 days after a claim is submitted.(e) As used in this section, an exonerated person is any person whose claim is approved by the California Victim Compensation Board pursuant to this chapter. | |
| 40 | 39 | ||
| 41 | 40 | The people of the State of California do enact as follows: | |
| 42 | 41 | ||
| 43 | 42 | ## The people of the State of California do enact as follows: | |
| 44 | 43 | ||
| 45 | - | SECTION 1. Section 4904.3 is added to the Penal Code, to read:4904.3. (a) Except to the extent that mental health services are reimbursed pursuant to subdivision (h) of Section 3007.05, the board shall, upon appropriation by the Legislature for this purpose, reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration.(b) If a person was incarcerated for eight or more years, the board shall reimburse the person for services for no less than two years. | |
| 44 | + | SECTION 1. Section 4904.3 is added to the Penal Code, to read:4904.3. (a) The Except to the extent that mental health services are reimbursed pursuant to subdivision (h) of Section 3007.05, the board shall, upon appropriation by the Legislature for this purpose, reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration.(b) If a person was incarcerated for eight or more years, the board shall reimburse the person for services for no less than two years.(c) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(d) The board shall provide individual payment or reimbursement no more than 30 days after a claim is submitted.(e) As used in this section, an exonerated person is any person whose claim is approved by the California Victim Compensation Board pursuant to this chapter. | |
| 46 | 45 | ||
| 47 | 46 | SECTION 1. Section 4904.3 is added to the Penal Code, to read: | |
| 48 | 47 | ||
| 49 | 48 | ### SECTION 1. | |
| 50 | 49 | ||
| 51 | - | 4904.3. (a) Except to the extent that mental health services are reimbursed pursuant to subdivision (h) of Section 3007.05, the board shall, upon appropriation by the Legislature for this purpose, reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration.(b) If a person was incarcerated for eight or more years, the board shall reimburse the person for services for no less than two years. | |
| 50 | + | 4904.3. (a) The Except to the extent that mental health services are reimbursed pursuant to subdivision (h) of Section 3007.05, the board shall, upon appropriation by the Legislature for this purpose, reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration.(b) If a person was incarcerated for eight or more years, the board shall reimburse the person for services for no less than two years.(c) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(d) The board shall provide individual payment or reimbursement no more than 30 days after a claim is submitted.(e) As used in this section, an exonerated person is any person whose claim is approved by the California Victim Compensation Board pursuant to this chapter. | |
| 52 | 51 | ||
| 53 | - | 4904.3. (a) Except to the extent that mental health services are reimbursed pursuant to subdivision (h) of Section 3007.05, the board shall, upon appropriation by the Legislature for this purpose, reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration.(b) If a person was incarcerated for eight or more years, the board shall reimburse the person for services for no less than two years. | |
| 52 | + | 4904.3. (a) The Except to the extent that mental health services are reimbursed pursuant to subdivision (h) of Section 3007.05, the board shall, upon appropriation by the Legislature for this purpose, reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration.(b) If a person was incarcerated for eight or more years, the board shall reimburse the person for services for no less than two years.(c) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(d) The board shall provide individual payment or reimbursement no more than 30 days after a claim is submitted.(e) As used in this section, an exonerated person is any person whose claim is approved by the California Victim Compensation Board pursuant to this chapter. | |
| 54 | 53 | ||
| 55 | - | 4904.3. (a) Except to the extent that mental health services are reimbursed pursuant to subdivision (h) of Section 3007.05, the board shall, upon appropriation by the Legislature for this purpose, reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration.(b) If a person was incarcerated for eight or more years, the board shall reimburse the person for services for no less than two years. | |
| 54 | + | 4904.3. (a) The Except to the extent that mental health services are reimbursed pursuant to subdivision (h) of Section 3007.05, the board shall, upon appropriation by the Legislature for this purpose, reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration.(b) If a person was incarcerated for eight or more years, the board shall reimburse the person for services for no less than two years.(c) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(d) The board shall provide individual payment or reimbursement no more than 30 days after a claim is submitted.(e) As used in this section, an exonerated person is any person whose claim is approved by the California Victim Compensation Board pursuant to this chapter. | |
| 56 | 55 | ||
| 57 | 56 | ||
| 58 | 57 | ||
| 59 | - | 4904.3. (a) Except to the extent that mental health services are reimbursed pursuant to subdivision (h) of Section 3007.05, the board shall, upon appropriation by the Legislature for this purpose, reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration. | |
| 58 | + | 4904.3. (a) The Except to the extent that mental health services are reimbursed pursuant to subdivision (h) of Section 3007.05, the board shall, upon appropriation by the Legislature for this purpose, reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration. | |
| 60 | 59 | ||
| 61 | - | (b) If a person was incarcerated for eight or more years, the board shall reimburse the person for services for no less than two years. allocate, in addition to the amount contained in an approved claim, an amount intended to be used for mental health services as follows: | |
| 62 | - | ||
| 63 | - | (1) If the individual was incarcerated for 8 to 12 years, inclusive, $15,000 per year for up to four years. | |
| 64 | - | ||
| 65 | - | (2) If the individual was incarcerated for more than 12 years, $15,000 per year for up to six years. | |
| 60 | + | (b) If a person was incarcerated for eight or more years, the board shall reimburse the person for services for no less than two years. | |
| 66 | 61 | ||
| 67 | 62 | (c) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated. | |
| 68 | 63 | ||
| 69 | 64 | (d) The board shall provide individual payment or reimbursement no more than 30 days after a claim is submitted. | |
| 70 | 65 | ||
| 71 | - | (e) As used in this section, an exonerated person is any person whose claim is approved by the California Victim Compensation Board pursuant to this chapter. | |
| 66 | + | (e) As used in this section, an exonerated person is any person whose claim is approved by the California Victim Compensation Board pursuant to this chapter. |