Section 4904 - [For Operative Date See Text] Recommendation that appropriation be made for purpose of indemnifying claimant(a) If the evidence shows that the crime with which the claimant was charged was either not committed at all, or, if committed, was not committed by the claimant, or for claims pursuant to subdivision (b) of Section 4900, the Attorney General's office has not met their burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense, and the California Victim Compensation Board has found that the claimant has sustained injury through their erroneous conviction and imprisonment, the California Victim Compensation Board shall approve payment for the purpose of indemnifying the claimant for the injury if sufficient funds are available, upon appropriation by the Legislature. The amount of the payment shall be a sum equivalent to one hundred forty dollars ($140) per day of incarceration served, and shall include any time spent in custody, including in a county jail, that is considered to be part of the term of incarceration. Notwithstanding any other provision in this section, the California Victim Compensation Board, prior to approving payment, may request from both parties additional documents or arguments as needed to calculate compensation. That payment shall not be treated as gross income to the recipient under the Revenue and Taxation Code.(b)(1) This section shall become inoperative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 2024-25 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section. If those conditions are met, this section is repealed January 1, 2025.(2) The amendments made by the act adding this subdivision shall become operative on January 1, 2023.Amended by Stats 2023 ch 702 (SB 78),s 5, eff. 1/1/2024.Amended by Stats 2022 ch 771 (AB 160),s 20, eff. 9/29/2022.Amended by Stats 2022 ch 58 (AB 200),s 19, eff. 6/30/2022.Amended by Stats 2021 ch 490 (SB 446),s 6, eff. 1/1/2022.Amended by Stats 2016 ch 31 (SB 836),s 253, eff. 6/27/2016.Amended by Stats 2015 ch 422 (SB 635),s 1, eff. 1/1/2016.Amended by Stats 2013 ch 800 (SB 618),s 8, eff. 1/1/2014.Amended by Stats 2009 ch 432 (AB 316),s 7, eff. 1/1/2010.Amended by Stats 2006 ch 538 (SB 1852),s 516, eff. 1/1/2007.Amended by Stats 2000 ch 630 (AB 1799), s 1, eff. 1/1/2001.This section is set out more than once due to postponed, multiple, or conflicting amendments.