O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 24-106—sSB 439
Judiciary Committee
AN ACT CONCERNING CO MPENSATION FOR PERSO NS WHO ARE
WRONGFULLY INCARCERA TED
SUMMARY: This act makes various changes in the law that governs wrongful
incarceration compensation.
Among other things, the act does the following:
1. expands the eligibility criteria by allowing compensation when the
complaint or information is dismissed on grounds consistent with innocence
(e.g., the conviction was vacated or reversed and there is substantial
evidence of 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 of
claims;
8. eliminates the General Assembly’s authority to modify awards but allows it
to remand the matter to the claims commissioner;
9. allows a deceased claimant’s estate to receive compensation under certain
conditions; and
10. specifies that the wrongful incarceration compensation provisions do not
apply to certain agreements or stipulations the attorney general enters into
on the state’s behalf.
Lastly, it also makes minor, technical, and conforming changes.
EFFECTIVE DATE: Upon passage and applicable to claims pending before the
claims commissioner on the act’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 O L R P U B L I C A C T S U M M A R Y
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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 act expands the eligibility criteria by also allowing compensation when the
complaint or information is dismissed on grounds consistent with innocence.
Under the act, “grounds consistent with innocence” includes a situation in
which a conviction was vacated or reversed and there is substantial evidence of
innocence, whether the evidence was available at the time of the investigation or
trial or is newly discovered.
Filing Deadline
Under existing law, claims based on a pardon or dismissal that occurred on or
after October 1, 2008, must be filed within two years after the pardon was granted
or complaint was dismissed. The act makes a conforming change to similarly set
the filing deadline from within two years after the information was dismissed.
Hearing Before the Claims Commissioner
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, prove his or her eligibility by a preponderance of
the evidence. The act requires the claims commissioner to determine whether a
claimant meets the eligibility requirements within 90 days after the hearing.
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. Prior law required 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 act bases this amount on
HUD’s “median family income” instead of the “median household income.” By
law, unchanged by the act, 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 certain evidence the claimant
presented at the hearing (e.g., evidence of his or her age, income, vocational
training, and level of education at the time of conviction).
Offset. The act requires that the amount of compensation awarded be offset by
the amount of any damages awarded to the claimant from an action by the claimant
against any other unit of the state government by reason of the same subject of the O L R P U B L I C A C T S U M M A R Y
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claim.
Reintegration Services. Prior law allowed the commissioner to also award
payment for any reintegration services the claimant may need. The act limits this
to payment for the expenses of employment training, counseling, and tuition and
fees at state colleges and universities.
Legislative Review of Compensation
Prior law required the General Assembly to review a compensation award if the
claimant requested a review or the award exceeded $20,000. The act increases this
threshold to $35,000.
The law requires the commissioner to submit the claim to the General Assembly
for a review within five business days after the commissioner determined the award
or the claimant requested it. The act specifies that this deadline is based on
whichever event is sooner.
Under prior law, the General Assembly had to review the award and the claim
from which it arose within 45 days after receiving the claim and could (1) deny the
claim, (2) confirm the award, or (3) modify the award to any amount it deemed just
and reasonable. The act removes the General Assembly’s ability to modify the
award and instead allows it to (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 prior law, if the General Assembly took no action on the award or the
claim, the commissioner’s determination was deemed confirmed. The act specifies
that this pertains to the award only.
Submissions During the Interim or Close to the End of Session
Under the act, 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 that voluntarily
relinquishes his or her right to pursue any other action or remedy arising from the
wrongful conviction and incarceration. The act limits the applicability of this
release to only those actions or remedies against the state.
Future Damages Awarded
Under the act, any future damages awarded to the claimant resulting from an
action by the claimant against any other unit of government within the state by O L R P U B L I C A C T S U M M A R Y
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reason of the same subject of the claim must be offset by the compensation award
received.
Deceased Claimants
The act establishes conditions under which a claimant’s estate would be entitled
to compensation.
Under the act, if a deceased claimant 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 act specifies that the wrongful incarceration compensation provisions do
not apply to any agreement or stipulation the attorney general enters into 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, these
agreements or stipulations require the General Assembly’s approval.