Connecticut 2024 Regular Session

Connecticut Senate Bill SB00439 Compare Versions

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	5	+	General Assembly Substitute Bill No. 439
	6	+	February Session, 2024
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4		-	Substitute Senate Bill No. 439
5		-
6		-	Public Act No. 24-106
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8	11
9		-	AN ACT CONCERNING COMPENSATION FOR PERSONS WHO
10		-	~~ARE~~ WRONGFULLY INCARCERATED.
	12	+	AN ACT CONCERNING COMPENSATION FOR PERSONS WHO ARE
	13	+	WRONGFULLY INCARCERATED.
11	14		Be it enacted by the Senate and House of Representatives in General
12	15		Assembly convened:
13	16
14		-	Section 1. Section 54-102uu of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective from passage and
16		-	applicable to claims pending before the Claims Commissioner on the effective
17		-	date of this section or filed with the Claims Commissioner on or after the
18		-	effective date of this section):
19		-	(a) A person is eligible to receive compensation for wrongful
20		-	incarceration if:
21		-	(1) Such person has been convicted by this state of one or more crimes
22		-	and has been sentenced to a term of imprisonment for such crime or
23		-	crimes and has served all or part of such sentence; and
24		-	(2) Such person's conviction was ~~(A)~~ vacated or reversed, and [(A)]
25		-	~~(B) the~~ complaint or information dismissed on ~~(i)~~ grounds of innocence
26		-	or grounds consistent with innocence, or [(B) the complaint or
27		-	~~information~~ dismissed on~~] (ii)~~ a ground citing an act or omission that
28		-	~~constitutes~~ malfeasance or other serious misconduct by any officer,
29		-	~~agent,~~ employee or official of the state that contributed to such person's
30		-	~~arrest,~~ prosecution, conviction or incarceration. Substitute ~~Senate~~ Bill No. 439
	17	+	Section 1. Section 54-102uu of the general statutes is repealed and the 1
	18	+	following is substituted in lieu thereof (Effective from passage and 2
	19	+	applicable to claims pending before the Claims Commissioner on the effective 3
	20	+	date of this section or filed with the Claims Commissioner on or after the 4
	21	+	effective date of this section): 5
	22	+	(a) A person is eligible to receive compensation for wrongful 6
	23	+	incarceration if: 7
	24	+	(1) Such person has been convicted by this state of one or more crimes 8
	25	+	and has been sentenced to a term of imprisonment for such crime or 9
	26	+	crimes and has served all or part of such sentence; and 10
	27	+	(2) Such person's conviction was vacated or reversed and (A) the 11
	28	+	complaint or information dismissed on grounds of innocence or 12
	29	+	grounds consistent with innocence, or (B) the complaint or information 13
	30	+	dismissed on a ground citing an act or omission that constitutes 14
	31	+	malfeasance or other serious misconduct by any officer, agent, 15
	32	+	employee or official of the state that contributed to such person's arrest, 16
	33	+	prosecution, conviction or incarceration. 17 Substitute Bill No. 439
31	34
32		-	Public Act No. 24-106 2 of 5
33	35
34		-	(3) For purposes of this subsection, "grounds consistent with
35		-	innocence" includes, but is not limited to, a situation in which a
36		-	conviction was vacated or reversed and there is substantial evidence of
37		-	innocence, whether such evidence was available at the time of
38		-	investigation or trial or is newly discovered.
39		-	(b) A person who meets the eligibility requirements of subsection (a)
40		-	of this section may present a claim against the state for such
41		-	compensation with the Claims Commissioner in accordance with the
42		-	provisions of chapter 53. The provisions of said chapter shall be
43		-	applicable to the presentment, hearing and determination of such claim
44		-	except as otherwise provided in this section.
45		-	(c) At the hearing on such claim, [such person] the claimant shall have
46		-	the burden of establishing by a preponderance of the evidence that such
47		-	[person] claimant meets the eligibility requirements of subsection (a) of
48		-	this section. In addition, such [person] claimant shall present evidence
49		-	as to (1) the [person's] claimant's age, income, vocational training and
50		-	level of education at the time of conviction, (2) loss of familial
51		-	relationships, (3) damage to reputation, (4) the severity of the crime for
52		-	which such [person] claimant was convicted and whether such [person]
53		-	claimant was under a sentence of death pursuant to section 53a-46a for
54		-	any period of time, (5) whether such [person] claimant was required to
55		-	register pursuant to section 54-251 or 54-252, and for what length of time
56		-	such [person] claimant complied with the registration requirements of
57		-	chapter 969, and (6) any other damages such [person] claimant may
58		-	have suffered arising from or related to such [person's] claimant's arrest,
59		-	prosecution, conviction and incarceration. The Claims Commissioner
60		-	shall determine whether a claimant meets such eligibility requirements
61		-	not later than ninety days after such hearing.
62		-	(d) (1) If the Claims Commissioner determines that such [person]
63		-	claimant has established such [person's] claimant's eligibility under
64		-	subsection (a) of this section by a preponderance of the evidence, the Substitute Senate Bill No. 439
	36	+	LCO 2 of 5
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66		-	Public Act No. 24-106 3 of 5
	38	+	(b) A person who meets the eligibility requirements of subsection (a) 18
	39	+	of this section may present a claim against the state for such 19
	40	+	compensation with the Claims Commissioner in accordance with the 20
	41	+	provisions of chapter 53. The provisions of said chapter shall be 21
	42	+	applicable to the presentment, hearing and determination of such claim 22
	43	+	except as otherwise provided in this section. 23
	44	+	(c) At the hearing on such claim, [such person] the claimant shall have 24
	45	+	the burden of establishing by a preponderance of the evidence that such 25
	46	+	[person] claimant meets the eligibility requirements of subsection (a) of 26
	47	+	this section. In addition, such [person] claimant shall present evidence 27
	48	+	as to (1) the [person's] claimant's age, income, vocational training and 28
	49	+	level of education at the time of conviction, (2) loss of familial 29
	50	+	relationships, (3) damage to reputation, (4) the severity of the crime for 30
	51	+	which such [person] claimant was convicted and whether such [person] 31
	52	+	claimant was under a sentence of death pursuant to section 53a-46a for 32
	53	+	any period of time, (5) whether such [person] claimant was required to 33
	54	+	register pursuant to section 54-251 or 54-252, and for what length of time 34
	55	+	such [person] claimant complied with the registration requirements of 35
	56	+	chapter 969, and (6) any other damages such [person] claimant may 36
	57	+	have suffered arising from or related to such [person's] claimant's arrest, 37
	58	+	prosecution, conviction and incarceration. The Claims Commissioner 38
	59	+	shall determine whether a claimant meets such eligibility requirements 39
	60	+	not later than ninety days after such hearing. 40
	61	+	(d) (1) If the Claims Commissioner determines that such [person] 41
	62	+	claimant has established such [person's] claimant's eligibility under 42
	63	+	subsection (a) of this section by a preponderance of the evidence, the 43
	64	+	Claims Commissioner shall order the immediate payment to such 44
	65	+	[person] claimant of compensation for such wrongful incarceration in 45
	66	+	an amount determined pursuant to subdivision (2) of this subsection, 46
	67	+	unless (A) such compensation award is in an amount exceeding 47
	68	+	[twenty] thirty-five thousand dollars, or (B) such [person] claimant 48
	69	+	requests, in accordance with section 4-158, that the General Assembly 49
	70	+	review such compensation award. [, in which cases the] The Claims 50
	71	+	Commissioner shall submit any [such claim] such compensation award 51 Substitute Bill No. 439
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68		-	Claims Commissioner shall order the immediate payment to such
69		-	[person] claimant of compensation for such wrongful incarceration in
70		-	an amount determined pursuant to subdivision (2) of this subsection,
71		-	unless (A) such compensation award is in an amount exceeding
72		-	[twenty] thirty-five thousand dollars, or (B) such [person] claimant
73		-	requests, in accordance with section 4-158, that the General Assembly
74		-	review such compensation award. [, in which cases the] The Claims
75		-	Commissioner shall submit any [such claim] such compensation award
76		-	described in subparagraph (A) or (B) of this subdivision and the claim
77		-	from which such award arose to the General Assembly in the same
78		-	manner as provided under section 4-159, not later than five business
79		-	days after the commissioner issues such award determination [is made
80		-	or such review is requested] or receives such request for review,
81		-	whichever is sooner. The General Assembly shall review any such
82		-	compensation award and the claim from which [it] such award arose
83		-	not later than forty-five days after such award and claim is submitted to
84		-	the General Assembly and may deny [such claim] or confirm [or
85		-	modify] such compensation award, or remand the claim to the Office of
86		-	the Claims Commissioner for such further proceedings as the General
87		-	Assembly may direct. [If the General Assembly modifies the amount of
88		-	the compensation award, the General Assembly may award any amount
89		-	of compensation the General Assembly deems just and reasonable.] If
90		-	the General Assembly takes no action on such compensation award, [or
91		-	the claim from which it arose,] the determination made by the Claims
92		-	Commissioner shall be deemed confirmed.
93		-	(2) (A) In determining the amount of such compensation, the Claims
94		-	Commissioner shall award an amount that is [at a minimum, but may
95		-	be up to] two hundred per cent of the median [household] family
96		-	income for the state for each year [such person] the claimant was
97		-	incarcerated, as determined by the United States Department of
98		-	Housing and Urban Development, adjusted for inflation using the
99		-	consumer price index for urban consumers, provided the amount for Substitute Senate Bill No. 439
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101		-	~~Public Act No. 24-106~~ 4 of 5
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103		-	any partial year shall be prorated in order to compensate only for the
104		-	portion of such year in which such [person] claimant was incarcerated.
105		-	The Claims Commissioner may decrease or [further] increase the award
106		-	amount by twenty-five per cent based on an assessment of relevant
107		-	factors including, but not limited to, the evidence presented by the
108		-	[person] claimant under subdivisions (1) to (6), inclusive, of subsection
109		-	(c) of this section.
110		-	(B) The amount of any compensation awarded pursuant to this
111		-	subdivision shall be offset by the amount of any damages awarded to
112		-	the claimant resulting from an action by the claimant against any other
113		-	unit of government within this state by reason of the same subject of the
114		-	claim.
115		-	(e) In addition to the compensation paid under subsection (d) of this
116		-	section, the Claims Commissioner may order payment for the expenses
117		-	of employment training and counseling, tuition and fees at any
118		-	constituent unit of the state system of higher education. [and any other
119		-	services such person may need to facilitate such person's reintegration
120		-	into the community.]
121		-	(f) Any [person] claimant claiming compensation under this section
122		-	based on a pardon that was granted or the dismissal of a complaint or
123		-	information that occurred before October 1, 2008, shall file such claim
124		-	not later than two years after October 1, 2008. Any [person] claimant
125		-	claiming compensation under this section based on a pardon that was
126		-	granted or the dismissal of a complaint or information that occurred on
127		-	or after October 1, 2008, shall file such claim not later than two years
128		-	after the date of such pardon or dismissal.
129		-	(g) Any person who is compensated pursuant to this section shall
130		-	sign a release providing that such person voluntarily relinquishes any
131		-	right to pursue any other action or remedy at law or in equity against
132		-	the state that such person may have arising out of such wrongful Substitute Senate Bill No. 439
	76	+	described in subparagraph (A) or (B) of this subdivision and the claim 52
	77	+	from which such award arose to the General Assembly in the same 53
	78	+	manner as provided under section 4-159, not later than five business 54
	79	+	days after the commissioner issues such award determination [is made 55
	80	+	or such review is requested] or receives such request for review, 56
	81	+	whichever is sooner. The General Assembly shall review any such 57
	82	+	compensation award and the claim from which [it] such award arose 58
	83	+	not later than forty-five days after such award and claim is submitted to 59
	84	+	the General Assembly and may deny [such claim] or confirm [or 60
	85	+	modify] such compensation award, or remand the claim to the Office of 61
	86	+	the Claims Commissioner for such further proceedings as the General 62
	87	+	Assembly may direct. [If the General Assembly modifies the amount of 63
	88	+	the compensation award, the General Assembly may award any amount 64
	89	+	of compensation the General Assembly deems just and reasonable.] If 65
	90	+	the General Assembly takes no action on such compensation award, [or 66
	91	+	the claim from which it arose,] the determination made by the Claims 67
	92	+	Commissioner shall be deemed confirmed. 68
	93	+	(2) (A) In determining the amount of such compensation, the Claims 69
	94	+	Commissioner shall award an amount that is [at a minimum, but may 70
	95	+	be up to] two hundred per cent of the median [household] family 71
	96	+	income for the state for each year [such person] the claimant was 72
	97	+	incarcerated, as determined by the United States Department of 73
	98	+	Housing and Urban Development, adjusted for inflation using the 74
	99	+	consumer price index for urban consumers, provided the amount for 75
	100	+	any partial year shall be prorated in order to compensate only for the 76
	101	+	portion of such year in which such [person] claimant was incarcerated. 77
	102	+	The Claims Commissioner may decrease or [further] increase the award 78
	103	+	amount by twenty-five per cent based on an assessment of relevant 79
	104	+	factors including, but not limited to, the evidence presented by the 80
	105	+	[person] claimant under subdivisions (1) to (6), inclusive, of subsection 81
	106	+	(c) of this section. 82
	107	+	(B) The amount of any compensation awarded pursuant to this 83
	108	+	subdivision shall be offset by the amount of any damages awarded to 84
	109	+	the claimant resulting from an action by the claimant against any other 85 Substitute Bill No. 439
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134		-	Public Act No. 24-106 5 of 5
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136		-	conviction and incarceration.
137		-	(h) Any damages awarded after an award pursuant to this section to
138		-	the claimant resulting from an action by the claimant against any other
139		-	unit of government within this state by reason of the same subject of the
140		-	claim shall be offset by the amount of the compensation award received
141		-	under this section.
142		-	(i) If a claimant who is deceased would be entitled to compensation
143		-	under this section if such claimant were living, including a claimant
144		-	whose conviction was vacated or reversed posthumously, the claimant's
145		-	estate is entitled to compensation under this section, provided such
146		-	claimant's claim was pending before the Claims Commissioner at the
147		-	time of such claimant's death.
148		-	(j) Any compensation award and claim from which such award arose
149		-	that is submitted by the Claims Commissioner to the General Assembly
150		-	(1) when the General Assembly is not in a regular session, or (2) not
151		-	more than thirty days before the end of a regular session and which is
152		-	not acted upon dispositively before the end of such session, shall be
153		-	deemed to be submitted on the first day of the next regular session.
154		-	(k) The provisions of this section shall not apply to any agreement or
155		-	stipulation pursuant to the provisions of section 3-125a.
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	114	+	unit of government within this state by reason of the same subject of the 86
	115	+	claim. 87
	116	+	(e) In addition to the compensation paid under subsection (d) of this 88
	117	+	section, the Claims Commissioner may order payment for the expenses 89
	118	+	of employment training and counseling, tuition and fees at any 90
	119	+	constituent unit of the state system of higher education. [and any other 91
	120	+	services such person may need to facilitate such person's reintegration 92
	121	+	into the community.] 93
	122	+	(f) Any [person] claimant claiming compensation under this section 94
	123	+	based on a pardon that was granted or the dismissal of a complaint or 95
	124	+	information that occurred before October 1, 2008, shall file such claim 96
	125	+	not later than two years after October 1, 2008. Any [person] claimant 97
	126	+	claiming compensation under this section based on a pardon that was 98
	127	+	granted or the dismissal of a complaint or information that occurred on 99
	128	+	or after October 1, 2008, shall file such claim not later than two years 100
	129	+	after the date of such pardon or dismissal. 101
	130	+	(g) Any person who is compensated pursuant to this section shall 102
	131	+	sign a release providing that such person voluntarily relinquishes any 103
	132	+	right to pursue any other action or remedy at law or in equity against 104
	133	+	the state that such person may have arising out of such wrongful 105
	134	+	conviction and incarceration. 106
	135	+	(h) Any damages awarded after an award pursuant to this section to 107
	136	+	the claimant resulting from an action by the claimant against any other 108
	137	+	unit of government within this state by reason of the same subject of the 109
	138	+	claim shall be offset by the amount of the compensation award received 110
	139	+	under this section. 111
	140	+	(i) If a claimant who is deceased would be entitled to compensation 112
	141	+	under this section if such claimant were living, including a claimant 113
	142	+	whose conviction was vacated or reversed posthumously, the claimant's 114
	143	+	estate is entitled to compensation under this section, provided such 115
	144	+	claimant's claim was pending before the Claims Commissioner at the 116
	145	+	time of such claimant's death. 117 Substitute Bill No. 439
	146	+
	147	+
	148	+	LCO 5 of 5
	149	+
	150	+	(j) Any compensation award and claim from which such award arose 118
	151	+	that is submitted by the Claims Commissioner to the General Assembly 119
	152	+	(1) when the General Assembly is not in a regular session, or (2) not 120
	153	+	more than thirty days before the end of a regular session and which is 121
	154	+	not acted upon dispositively before the end of such session, shall be 122
	155	+	deemed to be submitted on the first day of the next regular session. 123
	156	+	(k) The provisions of this section shall not apply to any agreement or 124
	157	+	stipulation pursuant to the provisions of section 3-125a. 125
	158	+	This act shall take effect as follows and shall amend the following
	159	+	sections:
	160	+
	161	+	Section 1 from passage and
	162	+	applicable to claims
	163	+	pending before the Claims
	164	+	Commissioner on the
	165	+	effective date of this section
	166	+	or filed with the Claims
	167	+	Commissioner on or after
	168	+	the effective date of this
	169	+	section
	170	+	54-102uu
	171	+
	172	+	Statement of Legislative Commissioners:
	173	+	Subsec. (h) was rewritten for clarity.
	174	+
	175	+	JUD Joint Favorable Subst.
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