HB0458 Summary

• Allows persons incarcerated before trial (pretrial detainees) to petition for a certificate of innocence if prosecution resulted in acquittal or dismissal and they did not cause the charges through their own conduct

• Establishes fixed compensation of $50,000 per year of wrongful pretrial imprisonment, prorated for partial years, replacing previous discretionary awards with tiered caps

• Adds $25,000 annually for time served on parole, probation, or as a registered sex offender after release

• Permits persons with certificates of innocence to file claims against the State in the Court of Claims for compensation for time unjustly served in pretrial detention in county jails

• Extends existing certificate of innocence procedures (previously limited to convicted persons) to include pretrial detainees, with requirements to prove prosecution resulted in acquittal/dismissal and petitioner's innocence of charges