Substitute Senate Bill No. 439
Public Act No. 24-106
AN ACT CONCERNING COMPENSATION FOR PERSONS WHO
ARE WRONGFULLY INCARCERATED.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 54-102uu of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage and
applicable to claims pending before the Claims Commissioner on the effective
date of this section or filed with the Claims Commissioner on or after the
effective date of this section):
(a) A person is eligible to receive compensation for wrongful
incarceration if:
(1) Such person has been convicted by this state of one or more crimes
and has been sentenced to a term of imprisonment for such crime or
crimes and has served all or part of such sentence; and
(2) Such person's conviction was (A) vacated or reversed, and [(A)]
(B) the complaint or information dismissed on (i) grounds of innocence
or grounds consistent with innocence, or [(B) the complaint or
information dismissed on] (ii) a ground citing an act or omission that
constitutes malfeasance or other serious misconduct by any officer,
agent, employee or official of the state that contributed to such person's
arrest, prosecution, conviction or incarceration. Substitute Senate Bill No. 439
Public Act No. 24-106 2 of 5
(3) For purposes of this subsection, "grounds consistent with
innocence" includes, but is not limited to, a situation in which a
conviction was vacated or reversed and there is substantial evidence of
innocence, whether such evidence was available at the time of
investigation or trial or is newly discovered.
(b) A person who meets the eligibility requirements of subsection (a)
of this section may present a claim against the state for such
compensation with the Claims Commissioner in accordance with the
provisions of chapter 53. The provisions of said chapter shall be
applicable to the presentment, hearing and determination of such claim
except as otherwise provided in this section.
(c) At the hearing on such claim, [such person] the claimant shall have
the burden of establishing by a preponderance of the evidence that such
[person] claimant meets the eligibility requirements of subsection (a) of
this section. In addition, such [person] claimant shall present evidence
as to (1) the [person's] claimant's 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 such [person] claimant was convicted and whether such [person]
claimant was under a sentence of death pursuant to section 53a-46a for
any period of time, (5) whether such [person] claimant was required to
register pursuant to section 54-251 or 54-252, and for what length of time
such [person] claimant complied with the registration requirements of
chapter 969, and (6) any other damages such [person] claimant may
have suffered arising from or related to such [person's] claimant's arrest,
prosecution, conviction and incarceration. The Claims Commissioner
shall determine whether a claimant meets such eligibility requirements
not later than ninety days after such hearing.
(d) (1) If the Claims Commissioner determines that such [person]
claimant has established such [person's] claimant's eligibility under
subsection (a) of this section by a preponderance of the evidence, the Substitute Senate Bill No. 439
Public Act No. 24-106 3 of 5
Claims Commissioner shall order the immediate payment to such
[person] claimant of compensation for such wrongful incarceration in
an amount determined pursuant to subdivision (2) of this subsection,
unless (A) such compensation award is in an amount exceeding
[twenty] thirty-five thousand dollars, or (B) such [person] claimant
requests, in accordance with section 4-158, that the General Assembly
review such compensation award. [, in which cases the] The Claims
Commissioner shall submit any [such claim] such compensation award
described in subparagraph (A) or (B) of this subdivision and the claim
from which such award arose to the General Assembly in the same
manner as provided under section 4-159, not later than five business
days after the commissioner issues such award determination [is made
or such review is requested] or receives such request for review,
whichever is sooner. The General Assembly shall review any such
compensation award and the claim from which [it] such award arose
not later than forty-five days after such award and claim is submitted to
the General Assembly and may deny [such claim] or confirm [or
modify] such compensation award, or remand the claim to the Office of
the Claims Commissioner for such further proceedings as the General
Assembly may direct. [If the General Assembly modifies the amount of
the compensation award, the General Assembly may award any amount
of compensation the General Assembly deems just and reasonable.] If
the General Assembly takes no action on such compensation award, [or
the claim from which it arose,] the determination made by the Claims
Commissioner shall be deemed confirmed.
(2) (A) In determining the amount of such compensation, the Claims
Commissioner shall award an amount that is [at a minimum, but may
be up to] two hundred per cent of the median [household] family
income for the state for each year [such person] the claimant was
incarcerated, as determined by the United States Department of
Housing and Urban Development, adjusted for inflation using the
consumer price index for urban consumers, provided the amount for Substitute Senate Bill No. 439
Public Act No. 24-106 4 of 5
any partial year shall be prorated in order to compensate only for the
portion of such year in which such [person] claimant was incarcerated.
The Claims Commissioner may decrease or [further] increase the award
amount by twenty-five per cent based on an assessment of relevant
factors including, but not limited to, the evidence presented by the
[person] claimant under subdivisions (1) to (6), inclusive, of subsection
(c) of this section.
(B) The amount of any compensation awarded pursuant to this
subdivision shall be offset by the amount of any damages awarded to
the claimant resulting from an action by the claimant against any other
unit of government within this state by reason of the same subject of the
claim.
(e) In addition to the compensation paid under subsection (d) of this
section, the Claims Commissioner may order payment for the expenses
of employment training and counseling, tuition and fees at any
constituent unit of the state system of higher education. [and any other
services such person may need to facilitate such person's reintegration
into the community.]
(f) Any [person] claimant claiming compensation under this section
based on a pardon that was granted or the dismissal of a complaint or
information that occurred before October 1, 2008, shall file such claim
not later than two years after October 1, 2008. Any [person] claimant
claiming compensation under this section based on a pardon that was
granted or the dismissal of a complaint or information that occurred on
or after October 1, 2008, shall file such claim not later than two years
after the date of such pardon or dismissal.
(g) Any person who is compensated pursuant to this section shall
sign a release providing that such person voluntarily relinquishes any
right to pursue any other action or remedy at law or in equity against
the state that such person may have arising out of such wrongful Substitute Senate Bill No. 439
Public Act No. 24-106 5 of 5
conviction and incarceration.
(h) Any damages awarded after an award pursuant to this section to
the claimant resulting from an action by the claimant against any other
unit of government within this state by reason of the same subject of the
claim shall be offset by the amount of the compensation award received
under this section.
(i) If a claimant who is deceased would be entitled to compensation
under this section if such claimant were living, including a claimant
whose conviction was vacated or reversed posthumously, the claimant's
estate is entitled to compensation under this section, provided such
claimant's claim was pending before the Claims Commissioner at the
time of such claimant's death.
(j) Any compensation award and claim from which such award arose
that is submitted by the Claims Commissioner to the General Assembly
(1) when the General Assembly is not in a regular session, or (2) not
more than thirty days before the end of a regular session and which is
not acted upon dispositively before the end of such session, shall be
deemed to be submitted on the first day of the next regular session.
(k) The provisions of this section shall not apply to any agreement or
stipulation pursuant to the provisions of section 3-125a.