The bill is part of a larger criminal justice reform package.
Sex-based offenses are considered some of the worst crimes in our society. In addition to any fines and periods of incarceration, anyone convicted of a sexual offense will typically be required to register with California’s sexual offender registry. This has a range of consequences, including limiting where a person can live and work. It also allows the general public to look you up and see the details of your crime.
While most people would argue that these harsh laws are necessary to protect the public from people who commit sex-based offenses, there are often challenges when it turns out that a person is innocent of the charges against them. If a person is exonerated, he or she should not have to register — yet in most cases, they had to go register as a sex offender even if their conviction was dismissed. A new law, Senate Bill 1050, provides an avenue for exonerated sex offenders to get their lives back on track by getting off of the registry and getting other services.
Under SB 1050, which was signed into law by Governor Jerry Brown in September 2018, if a person is exonerated after being convicted of a sex crime, he or she does not have to register as a sex offender. In addition, the Department of Corrections must assist the person with certain transitional services and pay them $1,000.
According to an experienced criminal attorney Anaheim, CA, a person is considered “exonerated” for purposes of SB 1050 if:
- His or her conviction is reversed on the basis of insufficient evidence;
- The person was given a pardon by the Governor; and/or
- The criminal charges in his or her case are dismissed.
Prior to the passage of SB 1050, even if a conviction for a sex crime was dismissed, a person still had to register as a sex offender unless they obtained a certificate of rehabilitation and were no longer in custody, on parole or on probation. Now, a person who has been exonerated of a sex-based offense does not have to register as a sex offender at all.
The Department of Corrections must also provide a range of transitional services within the first week of exoneration and then again within the first 30 days of exoneration. These services may include housing assistance, mental health services and job training, and help enrolling in programs like Medi-Cal and CalFresh. Finally, the exonerated person must be paid $1,000.
While SB 1050 will not completely right the wrong of a person who was falsely convicted and sent to prison for a crime that they did not commit, it will help them move forward with their lives afterwards. A skilled criminal attorney Anaheim, CA can help if they have been wrongfully convicted.
At the Chambers Law Firm, we are committed to providing a zealous defense to each of our clients. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced criminal attorney Anaheim, CA.
