Bill Text: CA AB997 | 2023-2024 | Regular Session | Amended
Bill Title: Exoneration: mental health services.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2023-09-01 - In committee: Held under submission. [AB997 Detail]
Download: California-2023-AB997-Amended.html
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Amended
IN
Assembly
May 18, 2023 |
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Amended
IN
Assembly
March 16, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 997
| Introduced by Assembly Member Gipson |
February 15, 2023 |
An act to add Section 4904.3 to the Penal Code, relating to exoneration.
LEGISLATIVE COUNSEL'S DIGEST
AB 997, as amended, Gipson.
Exoneration: mental health services.
Existing law allows a person who was erroneously convicted of a felony and imprisoned in the state prison or a county jail to present a claim to the Victim’s Compensation Board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration. Existing law requires the board to provide a recommendation to the Legislature that an appropriation be made for the purpose of indemnifying the claimant for the erroneous conviction injury. Existing law requires that the amount of the appropriation recommended by the board be equivalent to $140 per day of incarceration served, and $70 per day served on parole or supervised release, as specified. Existing law requires that these amounts be updated annually to account for changes in the United States Bureau of Labor Statistics Consumer Price Index, West Region.
This
bill would, upon appropriation by the Legislature, require the board to reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration. The bill would require the board to reimburse a person incarcerated for 8 or more years for a period of no less than 2 years, reimburse a person, in addition to the amount contained in an approved claim, with specified amounts intended to be used for mental health services, and would prohibit the board from reimbursing a person for a period of time exceeding the amount of time they were incarcerated.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4904.3 is added to the Penal Code, to read:4904.3.
(a) Except to the extent that mental health services are reimbursed pursuant to subdivision (h) of Section 3007.05, the board shall, upon appropriation by the Legislature for this purpose, reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration.(b) If a person was incarcerated for eight or more years, the board shall reimburse the person for services for no less than two years. allocate, in addition to the amount contained in an
approved claim, an amount intended to be used for mental health services as follows:
(1) If the individual was incarcerated for 8 to 12 years, inclusive, $15,000 per year for up to four years.
(2) If the individual was incarcerated for more than 12 years, $15,000 per year for up to six years.
(c) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.
(d) The board shall provide individual payment or reimbursement
no more than 30 days after a claim is submitted.
(e) As used in this section, an “exonerated person” is any person whose claim is approved by the California Victim Compensation Board pursuant to this chapter. chapter on or after January 1, 2024.
