2009 California Penal Code - Section 4900-4906 :: Chapter 5. Indemnity For Persons Erroneously Convicted And Pardoned

PENAL CODE
SECTION 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 two years after judgment of acquittal
or discharge given, or after pardon granted, or after release from
imprisonment, and no claim not so presented shall be considered by
the 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 or she was charged was either not committed at
all, or, if committed, was not committed by him or her, the fact that
he or she did not, by any act or omission on his or her part,
intentionally contribute to the bringing about of his or her arrest
or conviction for the crime with which he or she was charged, and the
pecuniary injury sustained by him or her through his or her
erroneous conviction and imprisonment. For purposes of this chapter,
when determining whether the claimant intentionally contributed to
the bringing about of his or her arrest or conviction, the factfinder
shall not consider statements obtained from an involuntary false
confession or involuntary plea. The claimant shall bear the burden of
proving by a preponderance of the evidence that the statements were
obtained from an involuntary false confession or involuntary plea.

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, intentionally contribute to the bringing about of
his or her arrest or conviction for the crime with which he or she
was charged, 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 ($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 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.

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