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IN HB1150
Bill
Status
5/1/2019
Primary Sponsor
Gregory Steuerwald
Click for details
AI Summary
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Wrongfully incarcerated persons who are pardoned or have convictions vacated and are actually innocent are entitled to $50,000 per year of incarceration in state or county facilities, paid in equal installments over 5 years.
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"Actually innocent" requires that the person did not commit the offense and did not commit, take part in, or plan any other criminal act connected to that offense; acquittal alone is insufficient to establish innocence.
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Recipients must waive all claims against the state, political subdivisions, and government officials/employees to receive compensation; those who have already received damages or have pending cases are ineligible.
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Compensation may only be paid to the wrongfully incarcerated individual or their guardian, not to estates, fiduciaries, trusts, or assignees; time in pretrial detention, home detention, or work release does not qualify.
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Applications must be submitted to the Criminal Justice Institute within 2 years of the conviction being vacated or pardon being granted, with judicial review available for adverse determinations.
Legislative Description
Monetary awards for exonerated prisoners. Defines "actually innocent" and specifies that a person whose conviction has been vacated and is actually innocent is entitled to compensation in the amount of $50,000 for each year that the person was wrongfully incarcerated in the department of correction or a county jail, subject to certain conditions. Establishes the exoneration fund (fund). Specifies that the criminal justice institute shall administer the fund and receive and process claims for compensation from the fund. Establishes a statute of limitations. Specifies fund eligibility requirements. Provides that a person's: (1) eligibility for; or (2) receipt of; proceeds from the exoneration fund does not prevent the person from applying for, enrolling in, or receiving the benefit of certain treatments, programs, or services if the person is otherwise eligible to receive the desired treatment or participate in the desired program or service. Provides that a person is not entitled to compensation in connection with the wrongful conviction: (1) if the person has previously received an award of damages in connection with the conviction; (2) while the person has a pending case; or (3) if the person does not execute a waiver. Specifies that the criminal justice institute may pay compensation only to the wrongfully incarcerated individual or to a guardian on behalf of the individual, and not to: (1) an estate; (2) a fiduciary; (3) a trust; or (4) an assignee; of the individual. Specifies that compensation from the fund is paid in equal sums over a five year period. Allows a person to appeal an adverse fund eligibility determination.
Last Action
Public Law 165
5/1/2019