Victim compensation.

Senator Umberg's proposal to modify California's wrongful conviction compensation system would revise how prosecutors can challenge claims and restrict eligibility for certain individuals. The legislation allows district attorneys and the Attorney General to rely solely on trial records when objecting to compensation claims, provided they determine in good faith that the evidence demonstrates guilt by clear and convincing standards.

The bill extends the timeframe for prosecutors to file objections, giving district attorneys 45 days instead of 15 days to respond, with the option for an additional 15-day extension upon showing good cause. The Attorney General maintains a 45-day initial period but gains the ability to request a subsequent 45-day extension. When objections are filed, prosecutors must prove by clear and convincing evidence that the claimant committed the underlying offense.

Under the new provisions, individuals currently serving sentences for serious or violent felonies would be ineligible for wrongful conviction compensation. The legislation also requires that any outstanding restitution orders be paid from compensation funds before disbursement to claimants. The compensation rate remains at $140 per day of incarceration served, including time spent in county jail that counts toward the total term.

The California Victim Compensation Board retains authority to request additional documentation from both parties to accurately calculate compensation amounts. All payments remain contingent upon legislative appropriation of sufficient funds and continue to be exempt from state income tax treatment.