House Bill No. 384 - Idaho Wrongful Conviction Act

• Creates a civil cause of action for wrongfully convicted persons to sue the state of Idaho for compensation if they prove by preponderance of evidence they did not commit the crime, their conviction was reversed/vacated with charges dismissed or acquittal on retrial, or they were pardoned on grounds of innocence.

• Establishes compensation of $60,000 per year of imprisonment ($75,000 if on death row) plus at least $25,000 per year for parole or sex offender registration, paid as an initial lump sum not exceeding $100,000 or 25% of award, with remainder in annual payments up to $85,000 per year.

• Provides additional benefits including attorney fees up to $25,000, reentry services, two years of state-funded medical insurance per year of imprisonment (maximum eight years), and tuition waivers for up to 120 credit hours at Idaho public postsecondary institutions.

• Requires claims be filed within two years after conviction reversal/vacation, acquittal on retrial, or pardon, with a special deadline of July 1, 2022 for those convicted before July 1, 2020; establishes a certificate of innocence and an innocence fund for compensation awards.

• Excludes compensation for periods of concurrent sentences for other lawful convictions and requires deduction of amounts received from related civil settlements or judgments against the state or political subdivisions.