Factual innocence.

Existing law requires the court and the California Victim Compensation Board to grant specified relief if a person is found to be factually innocent, including the sealing of records of arrest and detention and recommending that the Legislature make an appropriation to indemnify the person for injury suffered through their erroneous conviction and imprisonment, as specified. This bill would require the Department of Justice in those circumstances to issue to the person a certificate of innocence, annotate the person's state summary criminal history information, and request the law enforcement agency that has jurisdiction over the offense underlying the conviction at issue and any local, state, or federal agency or entity to which the department provided that criminal record information to also annotate their records, as specified. The bill would require any state or local agency or entity within the State of California that receives notice of this request from the department to annotate any local summary criminal history information for the person and to request that any local, state, or federal agency or entity to which the law enforcement agency provided that criminal offender record information annotate its records, as specified. By imposing additional duties on local governments, this bill would impose a state-mandated local program. The bill would require courts to order that relief to be granted when a person is found to be factually innocent, and would require the court to report those proceedings to the Department of Justice. The bill would require the California Victim Compensation Board, when it makes a determination or finding of innocence, to report, among other information, a description of those proceedings to the Department of Justice, as specified. The bill would, in certain circumstances, extend the deadline from 30 days to 90 days from the filing of a claim for the California Victim Compensation Board to calculate the compensation for the claimant and approve payment to the claimant. The bill would additionally require the Department of Justice to send notice of findings of innocence to all agencies and officers that it had previously notified of the arrest or other proceedings against the person. This bill would incorporate additional changes to Sections 4900, 4903, and 4904 of the Penal Code proposed by SB 993 to be operative only if this bill and SB 993 are enacted and this bill is enacted last. This bill would incorporate additional changes to Sections 1485.55 and 4902 of the Penal Code proposed by SB 981 to be operative only if this bill and SB 981 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.