California State Legislature
|Bill Title||Exonerated inmates.|
|Hispanic Sponsors||CA Sen. Holly Mitchell (D-CA-030); CA Sen. Ricardo Lara (D-CA-033)|
|NHCSL Task Force||
Law and Criminal Justice
|Primary Issue Area||Crime and Law Enforcement|
|Session||2017-2018 Regular Session|
Existing law requires a person to continue to register as a sex offender because of a conviction for specified sex offenses, regardless of whether the person's conviction has been dismissed, as specified, unless the person obtains a certificate of rehabilitation and is not in custody, on parole, or on probation. This bill would also relieve a person from the requirement to continue to register as a sex offender under those provisions if the person is exonerated, as described, and he or she is not otherwise required to register. Existing law requires the Department of Corrections and Rehabilitation to assist a person who is exonerated as to a conviction for which he or she is serving a state prison sentence with transitional services, including housing assistance, job training, and mental health services, as applicable, at the time he or she is exonerated. This bill would require that transitional services be offered within the first week of an individual's exoneration and again within the first 30 days of exoneration. The bill would require the department to assist the exonerated person with enrollment in Medi-Cal and referral of the exonerated person to the Employment Development Department and applicable regional planning units for workforce services. The bill would require the department to assist the exonerated person with enrollment in CalFresh. The bill would also require that exonerated persons who are otherwise ineligible for CalFresh benefits be given priority for receipt of certain CalFresh benefits under a specified exemption, and would require the State Department of Social Services to provide guidance to counties regarding that requirement. By imposing additional duties on counties relating to administering the CalFresh program, the bill would impose a state-mandated local program. The bill would require the Department of Corrections and Rehabilitation to assist the exonerated person with enrollment in the federal supplemental security income benefits program and state supplemental program. The bill would require each exonerated person to be paid the sum of $1,000 upon release, from funds to be made available upon appropriation by the Legislature for this purpose. 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.
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