2005 California Penal Code Sections 4900-4906 PARDONED

4900.  Any person who, having been convicted of any crime against
the State of California amounting to a felony, and having been
imprisoned therefor in a State prison of this State shall hereafter
be granted a pardon by the Governor of this State for the reason that
the crime with which he was charged was either not committed at all
or, if committed, was not committed by him, or who, being innocent of
the crime with which he was charged for either of the foregoing
reasons, shall have served the term or any part thereof for which he
was imprisoned, may, under the conditions hereinafter provided,
present a claim against the State to the State Board of Control for
the pecuniary injury sustained by him through such erroneous
conviction and imprisonment.
4901.  Such claim, accompanied by a statement of the facts
constituting the claim, verified in the manner provided for the
verification of complaints in civil actions, must be presented by the
claimant to the Board of Control within a period of six months after
judgment of acquittal or discharge given, or after pardon granted,
or after release from imprisonment, and at least four months prior to
the next meeting of the Legislature of this State; and no claim not
so presented shall be considered by the Board of Control.
4902.  Upon presentation of any such claim, the Board of Control
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 of
this State at least 15 days prior to the time fixed for such hearing.
4903.  On such hearing the claimant shall introduce evidence in
support of the claim, and the Attorney General may introduce evidence
in opposition thereto.  The claimant must prove the facts set forth
in the statement constituting the claim, including the fact that the
crime with which he was charged was either not committed at all, or,
if committed, was not committed by him, the fact that he did not, by
any act or omission on his part, either intentionally or negligently,
contribute to the bringing about of his arrest or conviction for the
crime with which he was charged, and the pecuniary injury sustained
by him through his erroneous conviction and imprisonment.
4904.  If the evidence shows that the crime with which the claimant
was charged was either not committed at all, or, if committed, was
not committed by the claimant, and that the claimant did not, by any
act or omission either intentionally or negligently, contribute to
the bringing about of his or her arrest or conviction, and that the
claimant has sustained pecuniary injury through his or her erroneous
conviction and imprisonment, the State Board of Control shall report
the facts of the case and its conclusions to the next Legislature of
this state, with a recommendation that an appropriation be made by
the Legislature for the purpose of indemnifying the claimant for the
pecuniary injury; but the amount of the appropriation recommended
shall be a sum equivalent to one hundred dollars ($100) per day of
incarceration served subsequent to the claimant's conviction and that
appropriation shall not be treated as gross income to the recipient
under the provisions of the Revenue and Taxation Code.
4905.  The Board of Control shall make up its report and
recommendation and shall give to the Controller of this State a
statement showing its recommendations for appropriations under the
provisions of this chapter, as provided by law in cases of other
claimants against this State for which no appropriations have been
made.
4906.  The Board of Control is hereby authorized to make all needful
rules and regulations consistent with the law for the purpose of
carrying into effect the provisions of this chapter.