2016 California Code
Penal Code - PEN
PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY
TITLE 6 - REPRIEVES, PARDONS AND COMMUTATIONS
CHAPTER 5 - Indemnity for Persons Erroneously Convicted and Pardoned
Section 4901.

CA Penal Code § 4901 (2016) What's This?

4901. (a) 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, is required to be presented by the claimant to the California Victim Compensation Board within a period of two years after judgment of acquittal or after pardon granted, or after release from custody, and no claim not so presented shall be considered by the California Victim Compensation Board.

(b) For purposes of subdivision (a), release from custody means release from imprisonment from state prison or from incarceration in county jail when there is no subsequent parole jurisdiction exercised by the Department of Correction and Rehabilitation or postrelease jurisdiction under a community corrections program, or when there is a parole period or postrelease period subject to jurisdiction of a community corrections program, when that period ends.

(c) A person may not file a claim under Section 4900 until 60 days have passed since the date of reversal of conviction or granting of the writ, or while the case is pending upon an initial refiling, or until a complaint or information has been dismissed a single time.

(Amended by Stats. 2016, Ch. 31, Sec. 251. Effective June 27, 2016.)

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