Providing for payment of interest in civil actions for wrongful conviction and directing the attorney general to seek damages for the state from any person who knowingly contributed to the wrongful conviction and prosecute ouster and criminal proceedings as warranted.
The bill introduces significant changes to the state's approach to wrongful convictions by allowing claimants to seek damages of $65,000 for each year of wrongful imprisonment and additional amounts for years spent on parole or as a registrant. Along with monetary compensation, it allows for non-monetary relief, including housing assistance and participation in state health care programs. The law also mandates that the attorney general pursue recovery of damages from those who contributed to the wrongful conviction, thus establishing accountability within the justice system.
Senate Bill 187 focuses on wrongful convictions and provides a legal mechanism for individuals wrongfully convicted and imprisoned to seek damages from the state. The bill outlines the process by which a claimant, defined as a person who was convicted of a crime they did not commit, can bring an action in district court. It requires the claimant to demonstrate that their conviction was reversed, that they did not commit the crime, and that their conviction was not a result of their own wrongdoing. By establishing a clear legal path for these actions, the bill aims to address the injustices faced by wrongfully convicted individuals.
Notably, SB 187 emphasizes the importance of expunging the records of wrongfully convicted individuals upon a finding of innocence, erasing their criminal history as per the law. This aspect of the bill may raise contention regarding the implications for public safety, accountability, and reentry services. While advocates argue that it is critical to restore the dignity and rights of those wrongfully convicted, opponents may question whether sufficient measures are in place to prevent potential abuse of the system and ensure that it does not compromise community safety.
The bill also includes the establishment of a certificate of innocence, which can be awarded following a successful claim, and directives for the expungement of records. The claimant's ability to receive reparations through attorney fees, as well as options for one-time lump sum payments or annuities, demonstrates a comprehensive approach to not only compensation but also rehabilitation and support for reintegration into society.