CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 490Introduced by Senator UmbergFebruary 19, 2025 An act to amend Sections 1485.55, 4902, 4903, and 4904 of the Penal Code, relating to victim compensation. LEGISLATIVE COUNSEL'S DIGESTSB 490, as introduced, Umberg. Victim compensation.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 claimants compensation before the claimant is paid.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 1485.55 of the Penal Code is amended to read:1485.55. (a) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or when the court vacates a judgment pursuant to Section 1473.6 and if the court has found that the person is factually innocent, under any standard for factual innocence applicable in those proceedings, that finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(b) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, the person may move for a finding of factual innocence by a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner.(c) If the court makes a finding that the petitioner has proven their factual innocence by a preponderance of the evidence pursuant to subdivision (b), upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(d) (1) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus pursuant to common law, the California Constitution, the United States Constitution, or paragraphs (1) to (4), inclusive, of subdivision (b) of Section 1473, or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the petitioner may move the court for a finding that they are entitled to approval of a claim for compensation pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3. The court shall grant the motion unless the district attorney objects in writing within 15 120 days from when the person files the motion and can establish by clear and convincing evidence that the person committed the acts constituting the offense and is therefore not entitled to compensation. The district attorney shall bear the burden of proving by clear and convincing evidence that the person committed the acts constituting the offense. The district attorney may request a single 30-day extension of time upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties.(2) If the district attorney does not object, or if the district attorney fails to establish by clear and convincing evidence that the person committed the acts constituting the offense as described in paragraph (1), the court shall grant the motion and the board shall, upon application by the person, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(3) If the motion is granted pursuant to a stipulation of the district attorney, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(e) A conviction reversed and dismissed is no longer valid, thus the district attorney may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the petitioner through court litigation, or that there was a conviction to establish that the petitioner is not entitled to compensation. The district attorney may also not rely solely on the trial record to establish that the petitioner is not entitled to compensation.(f) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivisions (a) and (b). No res judicata or collateral estoppel finding in any other proceeding shall be made for failure to make a motion or obtain a favorable ruling pursuant to subdivision (a) or (b) of this section.(g) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner, upon application of the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(h) For the purposes of this section, unless otherwise stated, court is defined as a state or federal court.SEC. 2. Section 4902 of the Penal Code is amended to read:4902. (a) If the provisions of Section 851.865 or 1485.55 apply in any claim, the California Victim Compensation Board shall, within 90 days of the filing of the claim, calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature. 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 decision based on the claimants verified claim and any evidence presented by the claimant.(d) If subdivision (b) of Section 4900 applies in any claim, the California Victim Compensation Board shall calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature, unless the Attorney General objects in writing, within 45 120 days from when the claimant files the claim, with clear and convincing evidence that the claimant is not entitled to compensation. The Attorney General may request a single 45-day extension of time, upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties. Time needed to obtain and review juvenile records may establish good cause for additional 45-day extensions upon a showing that through the exercise of due diligence the Attorney Generals office is unable to obtain sufficient documents for the review. If the Attorney General declines to object within the allotted period of time, then the board shall approve payment pursuant to Section 4904 within 90 days thereafter. Upon receipt of the objection, 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 fixed time for the hearing. At a hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. If the Attorney General fails to meet this burden, the board shall approve payment to the claimant, calculated pursuant to Section 4904, if sufficient funds are available upon appropriation by the Legislature.SEC. 3. Section 4903 of the Penal Code is amended to read:4903. (a) Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, the board shall fix a time and place for the hearing of the claim. 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 they were charged was either not committed at all, or, if committed, was not committed by the claimant, and the injury sustained by them through their erroneous conviction and incarceration.(b) For claims falling within subdivision (b) of Section 4900 in which the Attorney General objects to the claim pursuant to subdivision (d) of Section 4902, the board shall fix a time and place for the hearing of the claim. At the hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. The claimant may introduce evidence in support of the claim.(c) In a hearing before the board, the factual findings and credibility determinations establishing the courts basis for writ of habeas corpus, a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, 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.(d) A conviction reversed and dismissed is no longer valid, thus the Attorney General may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the claimant through court litigation, or that there was a conviction to establish that the claimant is not entitled to compensation. The Attorney General may also not rely solely on the trial record to establish that the claimant is not entitled to compensation.(e) 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.(f) A presumption does not exist in any other proceeding if the claim for compensation is denied pursuant to this section. No res judicata or collateral estoppel finding shall be made in any other proceeding if the claim for compensation is denied pursuant to this section.SEC. 4. Section 4904 of the Penal Code, as amended by Section 5 of Chapter 702 of the Statutes of 2023, is amended to read:4904. (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 Generals 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 202425 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.(b) Notwithstanding any other provision in this chapter, compensation shall not be paid to a claimant who is serving a sentence for a violent felony listed in subdivision (c) of Section 667.5, or a serious felony listed in subdivision (c) of Section 1192.7. If the claimant has an outstanding restitution order pursuant to subdivision (f) of Section 1202.4 for any other offense, that order shall be paid from the claimants compensation before the claimant is paid.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 490Introduced by Senator UmbergFebruary 19, 2025 An act to amend Sections 1485.55, 4902, 4903, and 4904 of the Penal Code, relating to victim compensation. LEGISLATIVE COUNSEL'S DIGESTSB 490, as introduced, Umberg. Victim compensation.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 claimants compensation before the claimant is paid.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 490
Introduced by Senator UmbergFebruary 19, 2025
Introduced by Senator Umberg
February 19, 2025
An act to amend Sections 1485.55, 4902, 4903, and 4904 of the Penal Code, relating to victim compensation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 490, as introduced, Umberg. Victim compensation.
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 claimants compensation before the claimant is paid.
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 claimants compensation before the claimant is paid.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1485.55 of the Penal Code is amended to read:1485.55. (a) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or when the court vacates a judgment pursuant to Section 1473.6 and if the court has found that the person is factually innocent, under any standard for factual innocence applicable in those proceedings, that finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(b) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, the person may move for a finding of factual innocence by a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner.(c) If the court makes a finding that the petitioner has proven their factual innocence by a preponderance of the evidence pursuant to subdivision (b), upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(d) (1) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus pursuant to common law, the California Constitution, the United States Constitution, or paragraphs (1) to (4), inclusive, of subdivision (b) of Section 1473, or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the petitioner may move the court for a finding that they are entitled to approval of a claim for compensation pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3. The court shall grant the motion unless the district attorney objects in writing within 15 120 days from when the person files the motion and can establish by clear and convincing evidence that the person committed the acts constituting the offense and is therefore not entitled to compensation. The district attorney shall bear the burden of proving by clear and convincing evidence that the person committed the acts constituting the offense. The district attorney may request a single 30-day extension of time upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties.(2) If the district attorney does not object, or if the district attorney fails to establish by clear and convincing evidence that the person committed the acts constituting the offense as described in paragraph (1), the court shall grant the motion and the board shall, upon application by the person, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(3) If the motion is granted pursuant to a stipulation of the district attorney, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(e) A conviction reversed and dismissed is no longer valid, thus the district attorney may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the petitioner through court litigation, or that there was a conviction to establish that the petitioner is not entitled to compensation. The district attorney may also not rely solely on the trial record to establish that the petitioner is not entitled to compensation.(f) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivisions (a) and (b). No res judicata or collateral estoppel finding in any other proceeding shall be made for failure to make a motion or obtain a favorable ruling pursuant to subdivision (a) or (b) of this section.(g) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner, upon application of the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(h) For the purposes of this section, unless otherwise stated, court is defined as a state or federal court.SEC. 2. Section 4902 of the Penal Code is amended to read:4902. (a) If the provisions of Section 851.865 or 1485.55 apply in any claim, the California Victim Compensation Board shall, within 90 days of the filing of the claim, calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature. 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 decision based on the claimants verified claim and any evidence presented by the claimant.(d) If subdivision (b) of Section 4900 applies in any claim, the California Victim Compensation Board shall calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature, unless the Attorney General objects in writing, within 45 120 days from when the claimant files the claim, with clear and convincing evidence that the claimant is not entitled to compensation. The Attorney General may request a single 45-day extension of time, upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties. Time needed to obtain and review juvenile records may establish good cause for additional 45-day extensions upon a showing that through the exercise of due diligence the Attorney Generals office is unable to obtain sufficient documents for the review. If the Attorney General declines to object within the allotted period of time, then the board shall approve payment pursuant to Section 4904 within 90 days thereafter. Upon receipt of the objection, 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 fixed time for the hearing. At a hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. If the Attorney General fails to meet this burden, the board shall approve payment to the claimant, calculated pursuant to Section 4904, if sufficient funds are available upon appropriation by the Legislature.SEC. 3. Section 4903 of the Penal Code is amended to read:4903. (a) Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, the board shall fix a time and place for the hearing of the claim. 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 they were charged was either not committed at all, or, if committed, was not committed by the claimant, and the injury sustained by them through their erroneous conviction and incarceration.(b) For claims falling within subdivision (b) of Section 4900 in which the Attorney General objects to the claim pursuant to subdivision (d) of Section 4902, the board shall fix a time and place for the hearing of the claim. At the hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. The claimant may introduce evidence in support of the claim.(c) In a hearing before the board, the factual findings and credibility determinations establishing the courts basis for writ of habeas corpus, a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, 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.(d) A conviction reversed and dismissed is no longer valid, thus the Attorney General may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the claimant through court litigation, or that there was a conviction to establish that the claimant is not entitled to compensation. The Attorney General may also not rely solely on the trial record to establish that the claimant is not entitled to compensation.(e) 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.(f) A presumption does not exist in any other proceeding if the claim for compensation is denied pursuant to this section. No res judicata or collateral estoppel finding shall be made in any other proceeding if the claim for compensation is denied pursuant to this section.SEC. 4. Section 4904 of the Penal Code, as amended by Section 5 of Chapter 702 of the Statutes of 2023, is amended to read:4904. (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 Generals 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 202425 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.(b) Notwithstanding any other provision in this chapter, compensation shall not be paid to a claimant who is serving a sentence for a violent felony listed in subdivision (c) of Section 667.5, or a serious felony listed in subdivision (c) of Section 1192.7. If the claimant has an outstanding restitution order pursuant to subdivision (f) of Section 1202.4 for any other offense, that order shall be paid from the claimants compensation before the claimant is paid.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1485.55 of the Penal Code is amended to read:1485.55. (a) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or when the court vacates a judgment pursuant to Section 1473.6 and if the court has found that the person is factually innocent, under any standard for factual innocence applicable in those proceedings, that finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(b) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, the person may move for a finding of factual innocence by a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner.(c) If the court makes a finding that the petitioner has proven their factual innocence by a preponderance of the evidence pursuant to subdivision (b), upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(d) (1) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus pursuant to common law, the California Constitution, the United States Constitution, or paragraphs (1) to (4), inclusive, of subdivision (b) of Section 1473, or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the petitioner may move the court for a finding that they are entitled to approval of a claim for compensation pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3. The court shall grant the motion unless the district attorney objects in writing within 15 120 days from when the person files the motion and can establish by clear and convincing evidence that the person committed the acts constituting the offense and is therefore not entitled to compensation. The district attorney shall bear the burden of proving by clear and convincing evidence that the person committed the acts constituting the offense. The district attorney may request a single 30-day extension of time upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties.(2) If the district attorney does not object, or if the district attorney fails to establish by clear and convincing evidence that the person committed the acts constituting the offense as described in paragraph (1), the court shall grant the motion and the board shall, upon application by the person, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(3) If the motion is granted pursuant to a stipulation of the district attorney, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(e) A conviction reversed and dismissed is no longer valid, thus the district attorney may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the petitioner through court litigation, or that there was a conviction to establish that the petitioner is not entitled to compensation. The district attorney may also not rely solely on the trial record to establish that the petitioner is not entitled to compensation.(f) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivisions (a) and (b). No res judicata or collateral estoppel finding in any other proceeding shall be made for failure to make a motion or obtain a favorable ruling pursuant to subdivision (a) or (b) of this section.(g) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner, upon application of the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(h) For the purposes of this section, unless otherwise stated, court is defined as a state or federal court.
SECTION 1. Section 1485.55 of the Penal Code is amended to read:
### SECTION 1.
1485.55. (a) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or when the court vacates a judgment pursuant to Section 1473.6 and if the court has found that the person is factually innocent, under any standard for factual innocence applicable in those proceedings, that finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(b) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, the person may move for a finding of factual innocence by a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner.(c) If the court makes a finding that the petitioner has proven their factual innocence by a preponderance of the evidence pursuant to subdivision (b), upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(d) (1) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus pursuant to common law, the California Constitution, the United States Constitution, or paragraphs (1) to (4), inclusive, of subdivision (b) of Section 1473, or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the petitioner may move the court for a finding that they are entitled to approval of a claim for compensation pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3. The court shall grant the motion unless the district attorney objects in writing within 15 120 days from when the person files the motion and can establish by clear and convincing evidence that the person committed the acts constituting the offense and is therefore not entitled to compensation. The district attorney shall bear the burden of proving by clear and convincing evidence that the person committed the acts constituting the offense. The district attorney may request a single 30-day extension of time upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties.(2) If the district attorney does not object, or if the district attorney fails to establish by clear and convincing evidence that the person committed the acts constituting the offense as described in paragraph (1), the court shall grant the motion and the board shall, upon application by the person, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(3) If the motion is granted pursuant to a stipulation of the district attorney, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(e) A conviction reversed and dismissed is no longer valid, thus the district attorney may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the petitioner through court litigation, or that there was a conviction to establish that the petitioner is not entitled to compensation. The district attorney may also not rely solely on the trial record to establish that the petitioner is not entitled to compensation.(f) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivisions (a) and (b). No res judicata or collateral estoppel finding in any other proceeding shall be made for failure to make a motion or obtain a favorable ruling pursuant to subdivision (a) or (b) of this section.(g) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner, upon application of the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(h) For the purposes of this section, unless otherwise stated, court is defined as a state or federal court.
1485.55. (a) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or when the court vacates a judgment pursuant to Section 1473.6 and if the court has found that the person is factually innocent, under any standard for factual innocence applicable in those proceedings, that finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(b) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, the person may move for a finding of factual innocence by a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner.(c) If the court makes a finding that the petitioner has proven their factual innocence by a preponderance of the evidence pursuant to subdivision (b), upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(d) (1) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus pursuant to common law, the California Constitution, the United States Constitution, or paragraphs (1) to (4), inclusive, of subdivision (b) of Section 1473, or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the petitioner may move the court for a finding that they are entitled to approval of a claim for compensation pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3. The court shall grant the motion unless the district attorney objects in writing within 15 120 days from when the person files the motion and can establish by clear and convincing evidence that the person committed the acts constituting the offense and is therefore not entitled to compensation. The district attorney shall bear the burden of proving by clear and convincing evidence that the person committed the acts constituting the offense. The district attorney may request a single 30-day extension of time upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties.(2) If the district attorney does not object, or if the district attorney fails to establish by clear and convincing evidence that the person committed the acts constituting the offense as described in paragraph (1), the court shall grant the motion and the board shall, upon application by the person, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(3) If the motion is granted pursuant to a stipulation of the district attorney, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(e) A conviction reversed and dismissed is no longer valid, thus the district attorney may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the petitioner through court litigation, or that there was a conviction to establish that the petitioner is not entitled to compensation. The district attorney may also not rely solely on the trial record to establish that the petitioner is not entitled to compensation.(f) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivisions (a) and (b). No res judicata or collateral estoppel finding in any other proceeding shall be made for failure to make a motion or obtain a favorable ruling pursuant to subdivision (a) or (b) of this section.(g) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner, upon application of the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(h) For the purposes of this section, unless otherwise stated, court is defined as a state or federal court.
1485.55. (a) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or when the court vacates a judgment pursuant to Section 1473.6 and if the court has found that the person is factually innocent, under any standard for factual innocence applicable in those proceedings, that finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(b) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, the person may move for a finding of factual innocence by a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner.(c) If the court makes a finding that the petitioner has proven their factual innocence by a preponderance of the evidence pursuant to subdivision (b), upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(d) (1) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus pursuant to common law, the California Constitution, the United States Constitution, or paragraphs (1) to (4), inclusive, of subdivision (b) of Section 1473, or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the petitioner may move the court for a finding that they are entitled to approval of a claim for compensation pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3. The court shall grant the motion unless the district attorney objects in writing within 15 120 days from when the person files the motion and can establish by clear and convincing evidence that the person committed the acts constituting the offense and is therefore not entitled to compensation. The district attorney shall bear the burden of proving by clear and convincing evidence that the person committed the acts constituting the offense. The district attorney may request a single 30-day extension of time upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties.(2) If the district attorney does not object, or if the district attorney fails to establish by clear and convincing evidence that the person committed the acts constituting the offense as described in paragraph (1), the court shall grant the motion and the board shall, upon application by the person, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(3) If the motion is granted pursuant to a stipulation of the district attorney, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(e) A conviction reversed and dismissed is no longer valid, thus the district attorney may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the petitioner through court litigation, or that there was a conviction to establish that the petitioner is not entitled to compensation. The district attorney may also not rely solely on the trial record to establish that the petitioner is not entitled to compensation.(f) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivisions (a) and (b). No res judicata or collateral estoppel finding in any other proceeding shall be made for failure to make a motion or obtain a favorable ruling pursuant to subdivision (a) or (b) of this section.(g) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner, upon application of the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.(h) For the purposes of this section, unless otherwise stated, court is defined as a state or federal court.
1485.55. (a) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or when the court vacates a judgment pursuant to Section 1473.6 and if the court has found that the person is factually innocent, under any standard for factual innocence applicable in those proceedings, that finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.
(b) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, the person may move for a finding of factual innocence by a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner.
(c) If the court makes a finding that the petitioner has proven their factual innocence by a preponderance of the evidence pursuant to subdivision (b), upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.
(d) (1) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus pursuant to common law, the California Constitution, the United States Constitution, or paragraphs (1) to (4), inclusive, of subdivision (b) of Section 1473, or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the petitioner may move the court for a finding that they are entitled to approval of a claim for compensation pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3. The court shall grant the motion unless the district attorney objects in writing within 15 120 days from when the person files the motion and can establish by clear and convincing evidence that the person committed the acts constituting the offense and is therefore not entitled to compensation. The district attorney shall bear the burden of proving by clear and convincing evidence that the person committed the acts constituting the offense. The district attorney may request a single 30-day extension of time upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties.
(2) If the district attorney does not object, or if the district attorney fails to establish by clear and convincing evidence that the person committed the acts constituting the offense as described in paragraph (1), the court shall grant the motion and the board shall, upon application by the person, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.
(3) If the motion is granted pursuant to a stipulation of the district attorney, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.
(e) A conviction reversed and dismissed is no longer valid, thus the district attorney may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the petitioner through court litigation, or that there was a conviction to establish that the petitioner is not entitled to compensation. The district attorney may also not rely solely on the trial record to establish that the petitioner is not entitled to compensation.
(f) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivisions (a) and (b). No res judicata or collateral estoppel finding in any other proceeding shall be made for failure to make a motion or obtain a favorable ruling pursuant to subdivision (a) or (b) of this section.
(g) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner, upon application of the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.
(h) For the purposes of this section, unless otherwise stated, court is defined as a state or federal court.
SEC. 2. Section 4902 of the Penal Code is amended to read:4902. (a) If the provisions of Section 851.865 or 1485.55 apply in any claim, the California Victim Compensation Board shall, within 90 days of the filing of the claim, calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature. 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 decision based on the claimants verified claim and any evidence presented by the claimant.(d) If subdivision (b) of Section 4900 applies in any claim, the California Victim Compensation Board shall calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature, unless the Attorney General objects in writing, within 45 120 days from when the claimant files the claim, with clear and convincing evidence that the claimant is not entitled to compensation. The Attorney General may request a single 45-day extension of time, upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties. Time needed to obtain and review juvenile records may establish good cause for additional 45-day extensions upon a showing that through the exercise of due diligence the Attorney Generals office is unable to obtain sufficient documents for the review. If the Attorney General declines to object within the allotted period of time, then the board shall approve payment pursuant to Section 4904 within 90 days thereafter. Upon receipt of the objection, 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 fixed time for the hearing. At a hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. If the Attorney General fails to meet this burden, the board shall approve payment to the claimant, calculated pursuant to Section 4904, if sufficient funds are available upon appropriation by the Legislature.
SEC. 2. Section 4902 of the Penal Code is amended to read:
### SEC. 2.
4902. (a) If the provisions of Section 851.865 or 1485.55 apply in any claim, the California Victim Compensation Board shall, within 90 days of the filing of the claim, calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature. 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 decision based on the claimants verified claim and any evidence presented by the claimant.(d) If subdivision (b) of Section 4900 applies in any claim, the California Victim Compensation Board shall calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature, unless the Attorney General objects in writing, within 45 120 days from when the claimant files the claim, with clear and convincing evidence that the claimant is not entitled to compensation. The Attorney General may request a single 45-day extension of time, upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties. Time needed to obtain and review juvenile records may establish good cause for additional 45-day extensions upon a showing that through the exercise of due diligence the Attorney Generals office is unable to obtain sufficient documents for the review. If the Attorney General declines to object within the allotted period of time, then the board shall approve payment pursuant to Section 4904 within 90 days thereafter. Upon receipt of the objection, 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 fixed time for the hearing. At a hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. If the Attorney General fails to meet this burden, the board shall approve payment to the claimant, calculated pursuant to Section 4904, if sufficient funds are available upon appropriation by the Legislature.
4902. (a) If the provisions of Section 851.865 or 1485.55 apply in any claim, the California Victim Compensation Board shall, within 90 days of the filing of the claim, calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature. 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 decision based on the claimants verified claim and any evidence presented by the claimant.(d) If subdivision (b) of Section 4900 applies in any claim, the California Victim Compensation Board shall calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature, unless the Attorney General objects in writing, within 45 120 days from when the claimant files the claim, with clear and convincing evidence that the claimant is not entitled to compensation. The Attorney General may request a single 45-day extension of time, upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties. Time needed to obtain and review juvenile records may establish good cause for additional 45-day extensions upon a showing that through the exercise of due diligence the Attorney Generals office is unable to obtain sufficient documents for the review. If the Attorney General declines to object within the allotted period of time, then the board shall approve payment pursuant to Section 4904 within 90 days thereafter. Upon receipt of the objection, 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 fixed time for the hearing. At a hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. If the Attorney General fails to meet this burden, the board shall approve payment to the claimant, calculated pursuant to Section 4904, if sufficient funds are available upon appropriation by the Legislature.
4902. (a) If the provisions of Section 851.865 or 1485.55 apply in any claim, the California Victim Compensation Board shall, within 90 days of the filing of the claim, calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature. 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 decision based on the claimants verified claim and any evidence presented by the claimant.(d) If subdivision (b) of Section 4900 applies in any claim, the California Victim Compensation Board shall calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature, unless the Attorney General objects in writing, within 45 120 days from when the claimant files the claim, with clear and convincing evidence that the claimant is not entitled to compensation. The Attorney General may request a single 45-day extension of time, upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties. Time needed to obtain and review juvenile records may establish good cause for additional 45-day extensions upon a showing that through the exercise of due diligence the Attorney Generals office is unable to obtain sufficient documents for the review. If the Attorney General declines to object within the allotted period of time, then the board shall approve payment pursuant to Section 4904 within 90 days thereafter. Upon receipt of the objection, 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 fixed time for the hearing. At a hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. If the Attorney General fails to meet this burden, the board shall approve payment to the claimant, calculated pursuant to Section 4904, if sufficient funds are available upon appropriation by the Legislature.
4902. (a) If the provisions of Section 851.865 or 1485.55 apply in any claim, the California Victim Compensation Board shall, within 90 days of the filing of the claim, calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature. 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 decision based on the claimants verified claim and any evidence presented by the claimant.
(d) If subdivision (b) of Section 4900 applies in any claim, the California Victim Compensation Board shall calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature, unless the Attorney General objects in writing, within 45 120 days from when the claimant files the claim, with clear and convincing evidence that the claimant is not entitled to compensation. The Attorney General may request a single 45-day extension of time, upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties. Time needed to obtain and review juvenile records may establish good cause for additional 45-day extensions upon a showing that through the exercise of due diligence the Attorney Generals office is unable to obtain sufficient documents for the review. If the Attorney General declines to object within the allotted period of time, then the board shall approve payment pursuant to Section 4904 within 90 days thereafter. Upon receipt of the objection, 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 fixed time for the hearing. At a hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. If the Attorney General fails to meet this burden, the board shall approve payment to the claimant, calculated pursuant to Section 4904, if sufficient funds are available upon appropriation by the Legislature.
SEC. 3. Section 4903 of the Penal Code is amended to read:4903. (a) Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, the board shall fix a time and place for the hearing of the claim. 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 they were charged was either not committed at all, or, if committed, was not committed by the claimant, and the injury sustained by them through their erroneous conviction and incarceration.(b) For claims falling within subdivision (b) of Section 4900 in which the Attorney General objects to the claim pursuant to subdivision (d) of Section 4902, the board shall fix a time and place for the hearing of the claim. At the hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. The claimant may introduce evidence in support of the claim.(c) In a hearing before the board, the factual findings and credibility determinations establishing the courts basis for writ of habeas corpus, a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, 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.(d) A conviction reversed and dismissed is no longer valid, thus the Attorney General may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the claimant through court litigation, or that there was a conviction to establish that the claimant is not entitled to compensation. The Attorney General may also not rely solely on the trial record to establish that the claimant is not entitled to compensation.(e) 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.(f) A presumption does not exist in any other proceeding if the claim for compensation is denied pursuant to this section. No res judicata or collateral estoppel finding shall be made in any other proceeding if the claim for compensation is denied pursuant to this section.
SEC. 3. Section 4903 of the Penal Code is amended to read:
### SEC. 3.
4903. (a) Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, the board shall fix a time and place for the hearing of the claim. 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 they were charged was either not committed at all, or, if committed, was not committed by the claimant, and the injury sustained by them through their erroneous conviction and incarceration.(b) For claims falling within subdivision (b) of Section 4900 in which the Attorney General objects to the claim pursuant to subdivision (d) of Section 4902, the board shall fix a time and place for the hearing of the claim. At the hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. The claimant may introduce evidence in support of the claim.(c) In a hearing before the board, the factual findings and credibility determinations establishing the courts basis for writ of habeas corpus, a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, 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.(d) A conviction reversed and dismissed is no longer valid, thus the Attorney General may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the claimant through court litigation, or that there was a conviction to establish that the claimant is not entitled to compensation. The Attorney General may also not rely solely on the trial record to establish that the claimant is not entitled to compensation.(e) 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.(f) A presumption does not exist in any other proceeding if the claim for compensation is denied pursuant to this section. No res judicata or collateral estoppel finding shall be made in any other proceeding if the claim for compensation is denied pursuant to this section.
4903. (a) Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, the board shall fix a time and place for the hearing of the claim. 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 they were charged was either not committed at all, or, if committed, was not committed by the claimant, and the injury sustained by them through their erroneous conviction and incarceration.(b) For claims falling within subdivision (b) of Section 4900 in which the Attorney General objects to the claim pursuant to subdivision (d) of Section 4902, the board shall fix a time and place for the hearing of the claim. At the hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. The claimant may introduce evidence in support of the claim.(c) In a hearing before the board, the factual findings and credibility determinations establishing the courts basis for writ of habeas corpus, a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, 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.(d) A conviction reversed and dismissed is no longer valid, thus the Attorney General may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the claimant through court litigation, or that there was a conviction to establish that the claimant is not entitled to compensation. The Attorney General may also not rely solely on the trial record to establish that the claimant is not entitled to compensation.(e) 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.(f) A presumption does not exist in any other proceeding if the claim for compensation is denied pursuant to this section. No res judicata or collateral estoppel finding shall be made in any other proceeding if the claim for compensation is denied pursuant to this section.
4903. (a) Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, the board shall fix a time and place for the hearing of the claim. 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 they were charged was either not committed at all, or, if committed, was not committed by the claimant, and the injury sustained by them through their erroneous conviction and incarceration.(b) For claims falling within subdivision (b) of Section 4900 in which the Attorney General objects to the claim pursuant to subdivision (d) of Section 4902, the board shall fix a time and place for the hearing of the claim. At the hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. The claimant may introduce evidence in support of the claim.(c) In a hearing before the board, the factual findings and credibility determinations establishing the courts basis for writ of habeas corpus, a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, 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.(d) A conviction reversed and dismissed is no longer valid, thus the Attorney General may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the claimant through court litigation, or that there was a conviction to establish that the claimant is not entitled to compensation. The Attorney General may also not rely solely on the trial record to establish that the claimant is not entitled to compensation.(e) 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.(f) A presumption does not exist in any other proceeding if the claim for compensation is denied pursuant to this section. No res judicata or collateral estoppel finding shall be made in any other proceeding if the claim for compensation is denied pursuant to this section.
4903. (a) Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, the board shall fix a time and place for the hearing of the claim. 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 they were charged was either not committed at all, or, if committed, was not committed by the claimant, and the injury sustained by them through their erroneous conviction and incarceration.
(b) For claims falling within subdivision (b) of Section 4900 in which the Attorney General objects to the claim pursuant to subdivision (d) of Section 4902, the board shall fix a time and place for the hearing of the claim. At the hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. The claimant may introduce evidence in support of the claim.
(c) In a hearing before the board, the factual findings and credibility determinations establishing the courts basis for writ of habeas corpus, a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, 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.
(d) A conviction reversed and dismissed is no longer valid, thus the Attorney General may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the claimant through court litigation, or that there was a conviction to establish that the claimant is not entitled to compensation. The Attorney General may also not rely solely on the trial record to establish that the claimant is not entitled to compensation.
(e) 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.
(f) A presumption does not exist in any other proceeding if the claim for compensation is denied pursuant to this section. No res judicata or collateral estoppel finding shall be made in any other proceeding if the claim for compensation is denied pursuant to this section.
SEC. 4. Section 4904 of the Penal Code, as amended by Section 5 of Chapter 702 of the Statutes of 2023, is amended to read:4904. (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 Generals 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 202425 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.(b) Notwithstanding any other provision in this chapter, compensation shall not be paid to a claimant who is serving a sentence for a violent felony listed in subdivision (c) of Section 667.5, or a serious felony listed in subdivision (c) of Section 1192.7. If the claimant has an outstanding restitution order pursuant to subdivision (f) of Section 1202.4 for any other offense, that order shall be paid from the claimants compensation before the claimant is paid.
SEC. 4. Section 4904 of the Penal Code, as amended by Section 5 of Chapter 702 of the Statutes of 2023, is amended to read:
### SEC. 4.
4904. (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 Generals 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 202425 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.(b) Notwithstanding any other provision in this chapter, compensation shall not be paid to a claimant who is serving a sentence for a violent felony listed in subdivision (c) of Section 667.5, or a serious felony listed in subdivision (c) of Section 1192.7. If the claimant has an outstanding restitution order pursuant to subdivision (f) of Section 1202.4 for any other offense, that order shall be paid from the claimants compensation before the claimant is paid.
4904. (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 Generals 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 202425 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.(b) Notwithstanding any other provision in this chapter, compensation shall not be paid to a claimant who is serving a sentence for a violent felony listed in subdivision (c) of Section 667.5, or a serious felony listed in subdivision (c) of Section 1192.7. If the claimant has an outstanding restitution order pursuant to subdivision (f) of Section 1202.4 for any other offense, that order shall be paid from the claimants compensation before the claimant is paid.
4904. (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 Generals 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 202425 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.(b) Notwithstanding any other provision in this chapter, compensation shall not be paid to a claimant who is serving a sentence for a violent felony listed in subdivision (c) of Section 667.5, or a serious felony listed in subdivision (c) of Section 1192.7. If the claimant has an outstanding restitution order pursuant to subdivision (f) of Section 1202.4 for any other offense, that order shall be paid from the claimants compensation before the claimant is paid.
4904. (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 Generals 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 202425 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.
(b) Notwithstanding any other provision in this chapter, compensation shall not be paid to a claimant who is serving a sentence for a violent felony listed in subdivision (c) of Section 667.5, or a serious felony listed in subdivision (c) of Section 1192.7. If the claimant has an outstanding restitution order pursuant to subdivision (f) of Section 1202.4 for any other offense, that order shall be paid from the claimants compensation before the claimant is paid.