Connecticut 2025 Regular Session

Connecticut House Bill HB07251 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2
3	3	LCO No. 6757 1 of 6
4	4
5	5	General Assembly Raised Bill No. 7251
6	6	January Session, 2025
7	7	LCO No. 6757
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
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19	19	AN ACT CONCERNING THE RESOLUTION OF CLAIMS FOR
20	20	WRONGFUL INCARCERATION BY THE CLAIMS COMMISSIONER.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 54-102uu of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective July 1, 2025): 2
26	26	(a) A person is eligible to receive compensation for wrongful 3
27	27	incarceration if: 4
28	28	(1) Such person has been convicted by this state of one or more crimes 5
29	29	and has been sentenced to a term of imprisonment for such crime or 6
30	30	crimes and has served all or part of such sentence; and 7
31	31	(2) Such person's conviction was (A) vacated or reversed, and (B) the 8
32	32	complaint or information dismissed on (i) grounds of innocence or 9
33	33	grounds consistent with innocence, or (ii) a ground citing an act or 10
34	34	omission that constitutes malfeasance or other serious misconduct by 11
35	35	any officer, agent, employee or official of the state that contributed to 12
36	36	such person's arrest, prosecution, conviction or incarceration. 13
37	37	Raised Bill No. 7251
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39	39
40	40
41	41	LCO No. 6757 2 of 6
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43	43	(3) For purposes of this subsection, "grounds consistent with 14
44	44	innocence" includes, but is not limited to, a situation in which a 15
45	45	conviction was vacated or reversed and there is substantial evidence of 16
46	46	innocence, whether such evidence was available at the time of 17
47	47	investigation or trial or is newly discovered. 18
48	48	(b) A person who meets the eligibility requirements of subsection (a) 19
49	49	of this section may present a claim against the state for such 20
50	50	compensation with the Claims Commissioner in accordance with the 21
51	51	provisions of chapter 53. The provisions of said chapter shall be 22
52	52	applicable to the presentment, hearing and determination of such claim 23
53	53	except as otherwise provided in this section. 24
54	54	(c) At the hearing on such claim, the claimant shall have the burden 25
55	55	of establishing by a preponderance of the evidence that such claimant 26
56	56	meets the eligibility requirements of subsection (a) of this section. In 27
57	57	addition, such claimant shall present evidence as to (1) the claimant's 28
58	58	age, income, vocational training and level of education at the time of 29
59	59	conviction, (2) loss of familial relationships, (3) damage to reputation, 30
60	60	(4) the severity of the crime for which such claimant was convicted and 31
61	61	whether such claimant was under a sentence of death pursuant to 32
62	62	section 53a-46a for any period of time, (5) whether such claimant was 33
63	63	required to register pursuant to section 54-251 or 54-252, and for what 34
64	64	length of time such claimant complied with the registration 35
65	65	requirements of chapter 969, and (6) any other damages such claimant 36
66	66	may have suffered arising from or related to such claimant's arrest, 37
67	67	prosecution, conviction and incarceration. The Claims Commissioner 38
68	68	shall determine whether a claimant meets such eligibility requirements 39
69	69	not later than ninety days after such hearing. 40
70	70	(d) (1) If the Claims Commissioner determines that such claimant has 41
71	71	established such claimant's eligibility under subsection (a) of this section 42
72	72	by a preponderance of the evidence, the Claims Commissioner shall 43
73	73	order the immediate payment to such claimant of compensation for 44
74	74	such wrongful incarceration in an amount determined pursuant to 45
75	75	Raised Bill No. 7251
76	76
77	77
78	78
79	79	LCO No. 6757 3 of 6
80	80
81	81	subdivision (2) of this subsection, unless (A) such compensation award 46
82	82	is in an amount exceeding thirty-five thousand dollars, or (B) such 47
83	83	claimant requests, in accordance with section 4-158, that the General 48
84	84	Assembly review such compensation award. The Claims Commissioner 49
85	85	shall submit any such compensation award described in subparagraph 50
86	86	(A) or (B) of this subdivision and the claim from which such award arose 51
87	87	to the General Assembly in the same manner as provided under section 52
88	88	4-159, not later than five business days after the commissioner issues 53
89	89	such award determination or receives such request for review, 54
90	90	whichever is sooner. The General Assembly shall review any such 55
91	91	compensation award and the claim from which such award arose not 56
92	92	later than forty-five days after such award and claim is submitted to the 57
93	93	General Assembly and may deny or confirm such compensation award, 58
94	94	or remand the claim to the Office of the Claims Commissioner for such 59
95	95	further proceedings as the General Assembly may direct. If the General 60
96	96	Assembly takes no action on such compensation award, the 61
97	97	determination made by the Claims Commissioner shall be deemed 62
98	98	confirmed. 63
99	99	(2) (A) In determining the amount of such compensation, the Claims 64
100	100	Commissioner shall award an amount that is two hundred per cent of 65
101	101	the median family income for the state for each year the claimant was 66
102	102	incarcerated, as determined by the United States Department of 67
103	103	Housing and Urban Development, adjusted for inflation using the 68
104	104	consumer price index for urban consumers, provided the amount for 69
105	105	any partial year shall be prorated in order to compensate only for the 70
106	106	portion of such year in which such claimant was incarcerated. The 71
107	107	Claims Commissioner may decrease or increase the award amount by 72
108	108	twenty-five per cent based on an assessment of relevant factors 73
109	109	including, but not limited to, the evidence presented by the claimant 74
110	110	under subdivisions (1) to (6), inclusive, of subsection (c) of this section. 75
111	111	(B) The amount of any compensation awarded pursuant to this 76
112	112	subdivision shall be offset by the amount of any damages awarded to 77
113	113	the claimant resulting from an action by the claimant against any other 78
114	114	Raised Bill No. 7251
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116	116
117	117
118	118	LCO No. 6757 4 of 6
119	119
120	120	unit of government within this state by reason of the same subject of the 79
121	121	claim. 80
122	122	(e) In addition to the compensation paid under subsection (d) of this 81
123	123	section, the Claims Commissioner may order payment for the expenses 82
124	124	of employment training and counseling, tuition and fees at any 83
125	125	constituent unit of the state system of higher education. 84
126	126	(f) The Attorney General and the claimant may agree or stipulate to 85
127	127	facts and a compensation award that is presented to the Claims 86
128	128	Commissioner. The Claims Commissioner shall determine whether the 87
129	129	agreed upon or stipulated facts demonstrate that the claimant is eligible 88
130	130	to receive compensation for wrongful incarceration pursuant to 89
131	131	subsection (a) of this section. If the Claims Commissioner finds that the 90
132	132	claimant is eligible to receive compensation for wrongful incarceration 91
133	133	pursuant to subsection (a) of this section, the Claims Commissioner shall 92
134	134	approve the agreement or stipulation and order immediate payment of 93
135	135	compensation to the claimant for wrongful incarceration in the amount 94
136	136	set forth in such agreement or stipulation. Notwithstanding the 95
137	137	provisions of subdivision (1) of subsection (d) of this section, any 96
138	138	agreement or stipulation entered into by the Attorney General and a 97
139	139	claimant and approved by the Claims Commissioner under this 98
140	140	subsection that requires an expenditure of two million five hundred 99
141	141	thousand dollars or less from the General Fund shall not be submitted 100
142	142	to the General Assembly for review. 101
143	143	[(f)] (g) Any claimant claiming compensation under this section 102
144	144	based on a pardon that was granted or the dismissal of a complaint or 103
145	145	information that occurred before October 1, 2008, shall file such claim 104
146	146	not later than two years after October 1, 2008. Any claimant claiming 105
147	147	compensation under this section based on a pardon that was granted or 106
148	148	the dismissal of a complaint or information that occurred on or after 107
149	149	October 1, 2008, shall file such claim not later than two years after the 108
150	150	date of such pardon or dismissal. 109
151	151	Raised Bill No. 7251
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153	153
154	154
155	155	LCO No. 6757 5 of 6
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157	157	[(g)] (h) Any person who is compensated pursuant to this section 110
158	158	shall sign a release providing that such person voluntarily relinquishes 111
159	159	any right to pursue any other action or remedy at law or in equity 112
160	160	against the state that such person may have arising out of such wrongful 113
161	161	conviction and incarceration. 114
162	162	[(h)] (i) Any damages awarded after an award pursuant to this 115
163	163	section to the claimant resulting from an action by the claimant against 116
164	164	any other unit of government within this state by reason of the same 117
165	165	subject of the claim shall be offset by the amount of the compensation 118
166	166	award received under this section. 119
167	167	[(i)] (j) If a claimant who is deceased would be entitled to 120
168	168	compensation under this section if such claimant were living, including 121
169	169	a claimant whose conviction was vacated or reversed posthumously, the 122
170	170	claimant's estate is entitled to compensation under this section, 123
171	171	provided such claimant's claim was pending before the Claims 124
172	172	Commissioner at the time of such claimant's death. 125
173	173	[(j)] (k) Any compensation award and claim from which such award 126
174	174	arose that is submitted by the Claims Commissioner to the General 127
175	175	Assembly (1) when the General Assembly is not in a regular session, or 128
176	176	(2) not more than thirty days before the end of a regular session and 129
177	177	which is not acted upon dispositively before the end of such session, 130
178	178	shall be deemed to be submitted on the first day of the next regular 131
179	179	session. 132
180	180	[(k)] (l) The provisions of this section shall not apply to any 133
181	181	agreement or stipulation in connection with a lawsuit to which the state 134
182	182	is a party pursuant to the provisions of section 3-125a. 135
183	183	This act shall take effect as follows and shall amend the following
184	184	sections:
185	185
186	186	Section 1 July 1, 2025 54-102uu
187	187
188	188	Raised Bill No. 7251
189	189
190	190
191	191
192	192	LCO No. 6757 6 of 6
193	193
194	194	Statement of Purpose:
195	195	To permit the Attorney General and a claimant to stipulate to facts and
196	196	a compensation award that may, in certain instances, be approved by
197	197	the Claims Commissioner without the need for the General Assembly to
198	198	approve such agreement or stipulation.
199	199
200	200	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
201	201	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
202	202	underlined.]
203	203