Cal. Penal Code § 851.865
Arrest, by Whom and How Made
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2023
As of January 1, 2015
(a) If a person has secured a declaration of factual innocence from the court pursuant to Section 851.8 or 851.86, the finding shall be sufficient grounds for payment of compensation for a claim made pursuant to Section 4900. Upon application by the person, the California Victim Compensation Board shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid pursuant to Section 4904.
(a) If a person has secured a declaration of factual innocence from the court pursuant to Section 851.8 or 851.86, the finding shall be binding on the California Victim Compensation Board for a claim presented to the board pursuant to Section 4900. Upon application by the person, the California Victim Compensation Board shall, without a hearing, approve payment to the claimant pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.
(b) If the declaration of factual innocence is granted pursuant to a stipulation of the prosecutor, the duty of the board to, without a hearing, recommend to the Legislature payment of the claim, shall apply.
(b) If the declaration of factual innocence is granted pursuant to a stipulation of the prosecutor, upon application by the person, the board shall, without a hearing, approve payment pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.