Researcher: MK Page 1 4/17/24
OLR Bill Analysis
sSB 439
AN ACT CONCERNING COMPENSATION FOR PERSONS WHO
ARE WRONGFULLY INCARCERATED.
SUMMARY
This bill makes various changes in the law that governs wrongful
incarceration compensation.
Among other things, the bill does the following:
1. expands the eligibility criteria by allowing compensation when
the complaint or information is dismissed on grounds consistent
with innocence;
2. specifies that the two-year filing deadline also applies from the
date the information was dismissed;
3. requires the claims commissioner to determine whether a
claimant meets the eligibility requirements within 90 days after
the hearing;
4. calculates the award based on the “median family income”
instead of the “median household income”;
5. requires compensation awards to be offset by the amount of
certain other damages awarded to the claimant;
6. limits payments for reintegration services;
7. increases, from $20,000 to $35,000, the threshold for legislative
review for claims;
8. eliminates the General Assembly’s authority to modify awards
but allows it to remand the matter to the claims commissioner; 2024SB-00439-R000527-BA.DOCX
Researcher: MK Page 2 4/17/24
9. provides for a deceased claimant’s estate to receive
compensation; and
10. specifies that the wrongful incarceration compensation
provisions do not apply to certain agreements or stipulations the
attorney general enters on behalf of the state.
Lastly, it also makes minor, technical, and conforming changes.
EFFECTIVE DATE: Upon passage and applicable to claims pending
before the claims commissioner on the bill’s passage or filed with the
claims commissioner on or after that date.
WRONGFUL INCARCERATI ON COMPENSATION
Eligibility
By law, a person is eligible for wrongful incarceration compensation
if he or she was convicted by the state of one or more crimes and served
time for the crime or crimes, the conviction was vacated or reversed, and
the complaint or information was dismissed on one of the following
grounds:
1. innocence, or
2. malfeasance or serious misconduct by a state officer, agent,
employee, or official.
The bill expands the eligibility criteria by allowing compensation
when the complaint or information is dismissed on grounds consistent
with innocence.
Filing Deadline
Existing law requires individuals to file any claim based on a pardon
or dismissal that occurred on or after October 1, 2008, within two years
after the pardon was granted or the dismissal of the complaint. The bill
makes a conforming change to similarly set the filing deadline from
within two years after the information was dismissed.
Hearing Before the Claims Commissioner 2024SB-00439-R000527-BA.DOCX
Researcher: MK Page 3 4/17/24
By law, a person who meets the eligibility criteria may file a claim
against the state for compensation. The person must file the claim with
the claims commissioner and, at the hearing, he or she must prove his
or her eligibility by a preponderance of the evidence. The bill requires
the claims commissioner to determine whether a claimant meets the
eligibility requirements within 90 days after the hearing.
Existing law, unchanged by the bill, requires the claimant to present
evidence of the following:
1. his or her age, income, vocational training, and level of education
at the time of conviction;
2. loss of familial relationships;
3. damage to reputation;
4. the severity of the crime for which he or she was convicted and
whether he or she was under a death sentence;
5. whether he or she was required to register as a sex offender and
the length of time spent as a registered sex offender; and
6. any other damages suffered that arose from or relate to the arrest,
prosecution, conviction, and incarceration.
Determining Compensation
By law, if the commissioner determines that a claimant is eligible for
compensation, the commissioner must order immediate payment to the
claimant for an amount the commissioner determines after assessing
certain relevant factors.
Award Calculation. Current law requires the commissioner to award
a claimant, for each year he or she was wrongfully incarcerated, an
amount equal to or up to twice the median household income for the
state, as determined by the U.S. Department of Housing and Urban
Development (HUD), adjusted for inflation using the consumer price
index for urban consumers. The bill uses HUD’s “median family
income” instead of the “median household income.” By law, unchanged 2024SB-00439-R000527-BA.DOCX
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by the bill, the award amount must be prorated for any partial year the
claimant served in incarceration.
By law, the commissioner may decrease or increase the award
amount by 25% based on an assessment of relevant factors, including
any of the evidence listed above that the claimant presented at the
hearing.
Offset. The bill requires that the amount of the compensation
awarded be offset by the amount of any damages awarded to the
claimant resulting from an action by the claimant against any other unit
of the state government by reason of the same subject of the claim.
Reintegration Services. Current law allows the commissioner to
also award payment for any reintegration services the claimant may
need. The bill limits this to payment for the expenses of employment
training, counseling, and tuition and fees at state colleges and
universities.
Legislative Review of Compensation
Under current law, the General Assembly must review a
compensation award if the claimant requests a review or the award
exceeds $20,000. The bill increases this threshold to $35,000.
Current law requires the commissioner to submit the claim to the
General Assembly within five business days after the commissioner
determines the award or the claimant’s request for a review. The bill
specifies that this deadline is based on whichever event is sooner.
Under current law, the General Assembly must review any such
award and the claim from which it arose within 45 days after receiving
the claim and may (1) deny the claim, (2) confirm the award, or (3)
modify the award to any amount it deems just and reasonable. Under
the bill, the General Assembly may instead (1) deny or confirm the
award or (2) remand the claim to the claims commissioner’s office for
any further proceedings the General Assembly may direct. Under the
bill, the General Assembly may no longer modify the award. 2024SB-00439-R000527-BA.DOCX
Researcher: MK Page 5 4/17/24
Under current law, if the General Assembly takes no action on the
award or the claim, the commissioner’s determination is deemed
confirmed. The bill clarifies that this pertains to the award only.
Submissions During the Interim or Close to the End of Session
Under the bill, compensation awards and their associated claims
must be deemed to be submitted on the first day of the next regular
session if the claims commissioner submits them to the General
Assembly (1) when the General Assembly is not in a regular session, or
(2) 30 or fewer days before the end of a regular session and they are not
acted upon dispositively before the end of the session.
Other Actions or Remedies
By law, a compensated claimant must sign a release providing that
he or she voluntarily relinquishes the right to pursue any other action
or remedy arising from the wrongful conviction and incarceration. The
bill limits the applicability of this release to only such actions or
remedies against the state.
Future Damages Awarded
Under the bill, any future damages awarded to the claimant resulting
from an action by the claimant against any other unit of government
within the state by reason of the same subject of the claim must be offset
by the compensation award received.
Deceased Claimants
The bill establishes conditions under which a claimant’s estate would
be entitled to compensation.
Under the bill, if a claimant who is deceased would be entitled to
compensation if he or she were alive, including a claimant whose
conviction was vacated or reversed posthumously, the claimant’s estate
is entitled to compensation if the claim was pending before the claims
commissioner at the time of the claimant’s death.
Applicability of the Law
The bill specifies that the wrongful incarceration compensation 2024SB-00439-R000527-BA.DOCX
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provisions do not apply to any agreement or stipulation the attorney
general enters in connection with a lawsuit in which the state is a party
and that contains provisions requiring more than $2.5 million of General
Fund expenditure. By law, any such agreement or stipulation would
require the General Assembly’s approval.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 36 Nay 0 (03/28/2024)