In 2016, Governor Jerry Brown signed two NCIP-sponsored pieces of legislation to reform the criminal justice system. Senate Bill 1134 (Leno, Anderson) created a viable new evidence standard for actual innocence in California and Senate Bill 1389 (Glazer, Hernandez) required recording of custodial interrogation of all murder suspects. In 2017, NCIP is sponsoring two bills to help advance its mission of further improving the integrity of the criminal justice system and reducing wrongful convictions.
From left: NCIP Staff Attorney Melissa O’Connell and NCIP Executive Director Hadar Harris outside Governor Brown’s office during a recent trip to the State Capitol. Photo: Hadar Harris.
Assembly Bill (AB) 359, authored by Assembly member Reggie Jones-Sawyer, addresses the use of jailhouse informants. This bill puts a cap on non-monetary incentives given by law enforcement for a jailhouse informant’s assistance in a case (investigative work and/or testimony). Additionally, to promote transparency and fairness, this bill would require prosecuting agencies to document all benefits given to jailhouse informants. NCIP is working with the ACLU, California Attorneys for Criminal Justice, the New York Innocence Project, and the other California Innocence Projects on this bill.
NCIP is also working to reform California’s evidence retention laws through sponsorship of AB 1128 which would require the preservation of exhibits and evidence in homicide and sexual assault cases for the duration of the inmate’s sentence. Keeping evidence until a person is released ensures that it will be available and accessible for any post-conviction appeals or motions. Currently, evidence can be destroyed simply by giving notice to the inmate and with a short window of time to object. NCIP is collaborating with the author of the bill, Assembly member Shirley Weber, as well as the other California Innocence Projects and the San Diego District Attorney’s Office in support of this legislation.
We are pleased that long-time staff attorney Melissa O’Connell will be leading NCIP’s policy efforts in the coming legislative season. We are grateful to our former Policy Director, Lucy Salcido Carter, for her important work in 2016 and wish her luck as she assumes a new position with the Youth Law Center.
