2007 California Penal Code Chapter 5. Indemnity For Persons Erroneously Convicted And Pardoned

CA Codes (pen:4900-4906)

4900.  Any person who, having been convicted of any crime against
the state amounting to a felony and imprisoned in the state prison
for that conviction, is granted a pardon by the Governor for the
reason that the crime with which he or she was charged was either not
committed at all or, if committed, was not committed by him or her,
or who, being innocent of the crime with which he or she was charged
for either of the foregoing reasons, shall have served the term or
any part thereof for which he or she was imprisoned, may, under the
conditions provided under this chapter, present a claim against the
state to the California Victim Compensation and Government Claims
Board for the pecuniary injury sustained by him or her through the
erroneous conviction and imprisonment.



4901.  A claim under Section 4900, 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 California Victim Compensation and Government
Claims Board 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 and no claim not so presented shall be
considered California Victim Compensation and Government Claims
Board.


4902.  Upon presentation of a claim under Section 4900, the
California Victim Compensation and Government Claims 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.



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 California Victim Compensation and
Government Claims Board shall report the facts of the case and its
conclusions to the next Legislature, with a recommendation that an
appropriation be made by the Legislature for the purpose of
indemnifying the claimant for the pecuniary injury. The amount of the
appropriation recommended shall be a sum equivalent to one hundred
dollars (0) 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 Revenue and Taxation Code.



4905.  The California Victim Compensation and Government Claims
Board shall make up its report and recommendation and shall give to
the Controller a statement showing its recommendations for
appropriations under this chapter, as provided by law in cases of
other claimants against the state for which no appropriations have
been made.



4906.  The California Victim Compensation and Government Claims
Board is hereby authorized to make all needful rules and regulations
consistent with the law for the purpose of carrying into effect this
chapter.