Holmes

DISCUSSION

I. Claim for Erroneous Conviction and Imprisonment or Incarceration

The purpose behind section 4900 is to offer a remedy for individuals who prove

their innocence and secured their freedom after they have been erroneously convicted by

compensating them for "each day he or she spent illegally behind bars away from society,

employment, and their loved ones." (Sen. Com. on Public Safety, Analysis of Sen. Bill

3 No. 618 (2013-2014 Reg. Sess.) as amended April 15, 2013.) Section 4900 provides that

anyone who was convicted of a felony and served time in prison may present a claim for

compensation "for the pecuniary injury sustained by him or her through the erroneous

conviction and imprisonment." If the evidence shows the claimant (1) did not commit the

charged crime and (2) sustained a pecuniary injury through the erroneous conviction and

imprisonment, the Board "shall report the facts of the case and its conclusions to the next

Legislature, with a recommendation that an appropriation be made by the Legislature for

the purpose of indemnifying the claimant for the pecuniary injury." (§ 4904.) The

amount of the appropriation recommended shall be $100 per day of…