The California Innocence Coalition – the Northern California Innocence Project, the Innocence Center, Loyola Project for the Innocent, and the Los Angeles Innocence Project – work on policy reform to help reduce the risks of a wrongful conviction, intervene when a wrongful conviction has occurred, and to assist our freed clients in transitioning home upon their release from prison.
AB 3088 – Criminal procedure: writ of habeas corpus
This bill pertains to the legal procedure of habeas corpus. Habeas corpus is a procedure in law that allows someone imprisoned or detained to challenge the legality of their detainment. According to existing laws, new evidence discovered after the trial can provide grounds for such a legal challenge. This bill further specifies the conditions under which a habeas corpus petition should be considered. Specifically, it stipulates that such a petition must be considered based on its merits and not dismissed due to the timing or potential misuse of habeas corpus. To meet this requirement, the petition must convincingly demonstrate that at least one juror would not have convicted the petitioner had they reviewed the evidence in light of any new evidence the petitioner has unearthed.
Bills Previously Supported by the California Innocence Coalition
AB 600: Equity in Resentencing
AB 600 provides revisions to the “second look” resentencing statute (Penal Code Section 1172.1) to improve the resentencing process by addressing procedural and technical issues, expanding judicial authority and providing clarity for courts when applying the law.
AB 1118: The California Racial Justice Act Claims
AB 1118 makes technical changes to the procedures for claims under the Racial Justice Act (RJA) by clarifying that RJA claims can be raised on appeal, or, if additional evidence is needed, permits individuals to request stay of an appeal and remand to the trial court to file a motion.
AB 280: The California Mandela Act
AB 280, The California Mandela Act, provides a clear definition of what constitutes solitary confinement across all facilities and sets limits on how it can be used. This bill also ends the use of solitary confinement for specific populations (pregnant, elderly, the seriously disabled).
AB 544: Voting: County Jails
AB 544 would require county jail facilities to allow all incarcerated people the opportunity to vote and provide for same-day voter registration through Election Day. Additionally, incarcerated people would have access to voter education materials in advance.
SB 474: The BASICs Act
SB 474, The BASICs (Basic, Affordable Supplies for Incarcerated Californians) Act, would require the Department of Corrections and Rehabilitation to maintain a canteen at all active facilities and would prohibit the price of articles for sale from exceeding the price paid to vendors.
SB 81: Fairness and Transparency in Parole
SB 81 would improve California’s parole process by increasing objectivity and transparency. Based on recommendations by the independent Legislative Analyst’s Office, SB 81 would ensure decisions made by parole commissioners are based on public safety considerations.
