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HI HB1985
Bill
Status
1/18/2012
Primary Sponsor
Calvin Say
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AI Summary
HB 1985 Summary
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Creates a new compensation statute allowing persons wrongfully convicted and imprisoned to seek damages through Hawaii circuit courts based on pardon or reversal of conviction on grounds not inconsistent with innocence.
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Awards minimum $50,000 per year of incarceration plus $25,000 per year on parole/probation/sex offender registry, adjusted for inflation, with consideration of economic and non-economic damages.
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Provides lifetime health care through the Hawaii employer-union health benefits trust fund, tuition reimbursement for community college or University of Hawaii education, and child support arrearages compensation.
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Covers immediate services upon release for up to three years including housing, transportation, vocational training, subsistence assistance, and mental/physical/dental health care.
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Establishes three-year filing deadline from date of pardon or judicial relief (extended for those released before enactment), with mandatory judicial notice of rights and reasonable attorney fees capped at $75,000.
Legislative Description
Crime; Wrongful Conviction and Imprisonment; Innocence Redress; Office of Hawaiian Affairs Package
Last Action
(H) The committee(s) on JUD recommend(s) that the measure be deferred.
2/9/2012