Victim compensation.
- Extends the deadline for prosecutors to object to wrongful conviction compensation claims from 45 to 120 days.
- Prohibits compensation payments to individuals currently serving sentences for serious or violent felonies.
- Requires outstanding restitution orders to be paid from compensation before claimants receive payment.
- Allows prosecutors to rely solely on trial records when objecting to compensation claims.
Senator Umberg's victim compensation reform bill modifies California's process for compensating wrongfully convicted individuals by extending the timeframe for prosecutors to challenge compensation claims and adding new eligibility restrictions. The legislation extends both district attorneys' and the Attorney General's objection periods from 15 and 45 days to 120 days, while removing the existing prohibition against relying solely on trial records to contest claims.
The bill establishes two key limitations on compensation payments. Individuals currently serving sentences for serious or violent felonies would be ineligible to receive compensation for wrongful convictions in other cases. Additionally, any outstanding restitution orders must be paid from the compensation amount before funds are disbursed to the claimant. The current compensation rate of $140 per day of incarceration remains unchanged.
Under existing law, wrongfully convicted individuals can pursue compensation through the California Victim Compensation Board after having their conviction overturned. Prosecutors must prove by clear and convincing evidence that the person committed the offense to successfully challenge a claim. The board calculates and approves payments from legislatively appropriated funds for eligible claims that are not contested or where prosecutors fail to meet their burden of proof.
This bill was recently introduced. Email the authors to let them know what you think about it.
Introduced By
Latest Voting History
 Anna CaballeroD Senator | Committee Member |  Not Contacted | |
 Scott WienerD Senator | Committee Member | Not Contacted | |
 Tom UmbergD Senator | Bill Author | Not Contacted | |
 Lena GonzalezD Senator | Committee Member | Not Contacted | |
 Kelly SeyartoR Senator | Committee Member | Not Contacted |
- Extends the deadline for prosecutors to object to wrongful conviction compensation claims from 45 to 120 days.
- Prohibits compensation payments to individuals currently serving sentences for serious or violent felonies.
- Requires outstanding restitution orders to be paid from compensation before claimants receive payment.
- Allows prosecutors to rely solely on trial records when objecting to compensation claims.
This bill was recently introduced. Email the authors to let them know what you think about it.
Introduced By
Senator Umberg's victim compensation reform bill modifies California's process for compensating wrongfully convicted individuals by extending the timeframe for prosecutors to challenge compensation claims and adding new eligibility restrictions. The legislation extends both district attorneys' and the Attorney General's objection periods from 15 and 45 days to 120 days, while removing the existing prohibition against relying solely on trial records to contest claims.
The bill establishes two key limitations on compensation payments. Individuals currently serving sentences for serious or violent felonies would be ineligible to receive compensation for wrongful convictions in other cases. Additionally, any outstanding restitution orders must be paid from the compensation amount before funds are disbursed to the claimant. The current compensation rate of $140 per day of incarceration remains unchanged.
Under existing law, wrongfully convicted individuals can pursue compensation through the California Victim Compensation Board after having their conviction overturned. Prosecutors must prove by clear and convincing evidence that the person committed the offense to successfully challenge a claim. The board calculates and approves payments from legislatively appropriated funds for eligible claims that are not contested or where prosecutors fail to meet their burden of proof.
Latest Voting History
Anna CaballeroD Senator | Committee Member | Not Contacted | |
Scott WienerD Senator | Committee Member | Not Contacted | |
Tom UmbergD Senator | Bill Author | Not Contacted | |
Lena GonzalezD Senator | Committee Member | Not Contacted | |
Kelly SeyartoR Senator | Committee Member | Not Contacted |