SB 169 Summary

• Changes wrongful conviction compensation standard from "actual innocence" to "grounds consistent with innocence," aligning with Hawaii Supreme Court interpretation in Jardine v. Hawaii.

• Establishes advance compensation of $5,000 within seven days and $5,000 monthly thereafter for eligible petitioners whose convictions were reversed/vacated or who were pardoned on innocence-related grounds, up to one year's compensation amount.

• Creates automatic petition filing ("deemed petition") when a court finds at conviction reversal/vacation that petitioner meets eligibility requirements, with two-week period for prosecutors to file new charges before compensation is automatically granted.

• Shifts burden of proof to the State to demonstrate that reversal, vacation, or pardon was inconsistent with innocence, rather than requiring petitioner to prove actual innocence.

• Requires Department of Corrections and Rehabilitation to provide written notice to eligible persons about compensation claims, and mandates Attorney General to report to Legislature on petition status in 2026, 2027, and 2028.