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AN ACT relating to wrongful conviction compensation and making an 1
appropriation therefor. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
SECTION 1. A NEW SECTION OF KRS CHAPTER 411 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) As used in this section, "claimant" means a person convicted and subsequently 6
imprisoned for one (1) or more crimes that the person did not commit. 7
(2) Notwithstanding any other provision of law, a claimant may bring an action in 8
the Circuit Court of the county in which the conviction occurred seeking 9
damages from the Commonwealth pursuant to this section. 10
(3) (a) In an action under this section, the claimant shall establish the following by 11
a preponderance of the evidence: 12
1. The claimant was convicted of a felony crime and subsequently 13
imprisoned; 14
2. a. The claimant's conviction was reversed or vacated and either the 15
charges were dismissed or, on retrial, the claimant was found to 16
be not guilty; or 17
b. The claimant was granted a full pardon by the Governor; 18
3, The claimant did not commit the crime or crimes for which the 19
claimant was convicted and was not an accessory or accomplice to the 20
acts that were the basis of the conviction; and 21
4. a. The claimant did not commit or suborn perjury, fabricate 22
evidence, or by the claimant's own conduct cause or bring about 23
the conviction. 24
b. Neither a confession later found to be false or a guilty plea shall 25
constitute committing or suborning perjury, fabricating 26
evidence, or causing or bringing about the conviction under this 27 UNOFFICIAL COPY 24 RS BR 63
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subparagraph. 1
(b) The court may give due consideration to difficulties of proof caused by the 2
passage of time, the death or unavailability of witnesses, the destruction of 3
evidence, or other factors not caused by the claimant or those acting on his 4
or her behalf. 5
(4) (a) An action filed pursuant to this section shall be brought in accordance with 6
the Kentucky Rules of Civil Procedure and within a period of two (2) years 7
after the: 8
1. Dismissal of the criminal charges against the claimant or finding of 9
not guilty on retrial; or 10
2. Grant of a pardon to the claimant. 11
(b) A claimant convicted, imprisoned, and released from custody before the 12
effective date of this Act shall commence an action under this section not 13
later than two (2) years after the effective date of this Act. 14
(c) Any claim filed pursuant to this section shall be served on the Attorney 15
General in accordance with the Kentucky Rules of Civil Procedure. 16
(5) (a) Subject to any adjustment made under paragraph (d) of this subsection, 17
damages awarded under this section shall be: 18
1. a. Sixty-five thousand dollars ($65,000) for each year of 19
imprisonment, except as provided in paragraph (b) of this 20
subsection; or 21
b. Seventy-five thousand dollars ($75,000) for each year of 22
imprisonment if the claimant was imprisoned on death row, 23
except as provided in paragraph (b) of this subsection; and 24
2. Twenty-five thousand dollars ($25,000) for each additional year served 25
on parole or postincarceration supervision or each additional year the 26
claimant was required to register as a sex offender under KRS 17.510, 27 UNOFFICIAL COPY 24 RS BR 63
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whichever is greater. 1
(b) A claimant shall not receive compensation for any period of incarceration 2
that the claimant was concurrently serving under a sentence for a 3
conviction of another crime that the claimant committed. 4
(c) In addition to the damages awarded pursuant to paragraph (a) of this 5
subsection, the claimant: 6
1. Shall be entitled to receive reasonable attorney fees and costs incurred 7
in the action brought under this section not to exceed a total of twenty-8
five thousand dollars ($25,000), unless a greater award is authorized 9
by the court upon a finding of good cause shown; 10
2. Shall be entitled to receive a tuition waiver for up to one hundred 11
twenty (120) credit hours at any public postsecondary educational 12
institution in Kentucky and any mandatory fees associated with 13
attendance at a public postsecondary educational institution in 14
Kentucky; 15
3. Shall be entitled to participate in, and be covered under, the Public 16
Employee Health Insurance Program, as provided by KRS 18A.225 to 17
18A.2287 or any successor statutes, as follows: 18
a. Coverage under the program shall commence upon the 19
submission by the claimant of an election of coverage to the 20
Personnel Cabinet; 21
b. The claimant may submit an election of coverage under this 22
subparagraph at any time during the plan year; 23
c. The election of coverage under subdivision a. of this 24
subparagraph may be on form established through an 25
administrative regulation promulgated in accordance with KRS 26
Chapter 13A by the secretary of the Personnel Cabinet; 27 UNOFFICIAL COPY 24 RS BR 63
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d. Any election of coverage form established under subdivision c. of 1
this subparagraph shall be made available to the claimant upon 2
request and on the cabinet’s website; and 3
e. The secretary of the Personnel Cabinet shall promulgate any 4
administrative regulations in accordance with KRS Chapter 13A 5
necessary to implement this subparagraph; 6
4. Shall be entitled to reimbursement for all restitution, assessments, 7
fees, court costs, and all other sums paid by the claimant as required 8
by pretrial orders, judgment of conviction, or sentence in any 9
proceeding that gave rise to the conviction, reversal, vacation of the 10
conviction, or from retrial following a reversal; 11
5. Shall be entitled to compensation for any reasonable reintegrative 12
services and mental and physical health care costs incurred by the 13
claimant for the time period between his or her release from 14
incarceration and the entry of judgment; 15
6. Shall be relieved of child support payments owed by the claimant that 16
became due, and interest on child support arrearages that accrued, 17
during the time the claimant was incarcerated. Notwithstanding the 18
provisions of KRS 413.090, the amount owed shall be awarded to the 19
party designated in the child support order to receive payments; and 20
7. May be awarded other nonmonetary relief as sought in the complaint, 21
including but not limited to counseling, housing assistance, and 22
personal financial literacy assistance, as appropriate. 23
(d) 1. Beginning on July 1, 2025, and every year thereafter, the 24
Administrative Office of the Courts shall determine the percentage 25
change in the cost of living, based on the percentage change in the 26
nonseasonally adjusted annual average Consumer Price Index for All 27 UNOFFICIAL COPY 24 RS BR 63
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Urban Consumers, U.S. City Average, All Items, between the two (2) 1
most recent calendar years available, as published by the Bureau of 2
Labor Statistics of the United States Department of Labor. 3
2. The Administrative Office of the Courts shall adjust the amounts 4
under paragraph (a) of this subsection for the following calendar year 5
by multiplying the amounts applicable to the calendar year that the 6
adjustment is made by the percentage amount determined under this 7
subsection. The adjustment may not exceed three percent (3%) for any 8
year. The Administrative Office of the Courts shall round the adjusted 9
limitation amount to the nearest one hundred dollars ($100), but the 10
unrounded amount shall be used to calculate the adjustments to the 11
amounts in subsequent calendar years. The adjusted amounts become 12
effective on July 1 of the year in which the adjustment is made, and 13
apply to all claims filed under this section on or after July 1 of that 14
year and before July 1 of the subsequent year. 15
(6) (a) If, at the time of entry of judgment under subsection (5) of this section, the 16
claimant has previously received a monetary award against the 17
Commonwealth or any political subdivision of the Commonwealth in a civil 18
action related to the wrongful conviction, or has entered into a settlement 19
agreement with the Commonwealth or any political subdivision of the 20
Commonwealth related to the wrongful conviction, the amount of the award 21
in the action or the amount received in settlement, less any sums paid to 22
attorneys or for costs in litigating the previous civil action or in obtaining 23
the settlement, shall be deducted from the sum of money that the claimant is 24
entitled to receive under this section. The court shall include in the 25
judgment an offset to the Commonwealth of any amount deducted pursuant 26
to this subsection. 27 UNOFFICIAL COPY 24 RS BR 63
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(b) If there has been no previous award or settlement under paragraph (a) of 1
this subsection and if, after the time of the entry of judgment referred to in 2
subsection (5) of this section, the claimant receives a monetary award 3
against the Commonwealth or any political subdivision of the 4
Commonwealth in a civil action related to the wrongful conviction, or 5
enters into a settlement agreement with the Commonwealth or any political 6
subdivision of the Commonwealth related to the wrongful conviction, the 7
claimant shall reimburse the Commonwealth for the sum of money paid 8
under the judgment under subsection (5) of this section, less any sums paid 9
to attorneys or for costs in litigating the subsequent civil action or obtaining 10
the settlement. Any reimbursement required under this subsection shall not 11
exceed the amount of the monetary award the claimant receives for 12
damages in the civil action or the amount received in the settlement. 13
(7) If the court finds that the claimant is entitled to a judgment under this section, 14
the court shall issue a certificate of innocence stating that the claimant was 15
innocent of all crimes of which the claimant was convicted. The court shall send 16
a certified copy of the certificate of innocence and the entry of judgment to the 17
secretary of the Finance and Administration Cabinet for payment pursuant to 18
subsection (5) of this section. 19
(8) Upon issuance of a certificate of innocence, the court shall order the: 20
(a) Associated convictions and arrest records sealed and expunged from all 21
applicable state and federal systems. The court shall order the records be 22
sealed regardless of whether the claimant has prior criminal convictions; 23
and 24
(b) Expungement and destruction of the associated biological samples 25
authorized by and given to the Kentucky State Police in accordance with 26
KRS 17.175. Nothing in this subsection shall require the Kentucky State 27 UNOFFICIAL COPY 24 RS BR 63
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Police to expunge and destroy any samples or profile records associated 1
with the claimant that are related to any offense other than the offense that 2
the court has issued a certificate of innocence. 3
(9) The decision of the court in subsection (7) of this section shall not have a res 4
judicata effect on any other proceedings. 5
(10) Nothing in this section shall prohibit the Department of Corrections from 6
providing reentry services to a claimant that are provided to other persons, 7
including but not limited to financial assistance, housing assistance, mentoring, 8
and counseling. Services shall be provided while an action under this section is 9
pending and after any judgment is entered, as appropriate for the claimant. 10
(11) Upon entry of any final judgment in the Circuit Court, the decision may be 11
appealed directly to the Supreme Court. 12
SECTION 2. A NEW SECTION OF KRS CHAPTER 411 IS CREATED TO 13
READ AS FOLLOWS: 14
(1) There is hereby established in the State Treasury a trust and agency account to be 15
known as the wrongful conviction compensation fund. The fund shall consist of 16
moneys received from state appropriations, gifts, grants, and federal funds. 17
(2) The fund shall be administered by the Finance and Administration Cabinet. 18
(3) Amounts deposited in the fund shall be used to compensate individuals who have 19
been wrongfully convicted and are entitled to compensation under Section 1 of 20
this Act and for no other purpose. 21
(4) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal 22
year shall not lapse but shall be carried forward into the next fiscal year. 23
(5) Any interest earnings of the fund shall become a part of the fund and shall not 24
lapse. 25
(6) Moneys deposited in the fund are hereby appropriated for the purposes set forth 26
in this section and shall not be appropriated or transferred by the General 27 UNOFFICIAL COPY 24 RS BR 63
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Assembly for any other purposes. 1
(7) In the event the amount in the wrongful conviction compensation fund is 2
insufficient to compensate eligible individuals who have been wrongfully 3
convicted, the unpaid claims shall be deemed a necessary government expense 4
and shall be paid from the general fund surplus account under KRS 48.700 or the 5
budget reserve trust fund under KRS 48.705. 6