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Regular Session, 2012
HOUSE BILL NO. 575
BY REPRESENTATIVE LOPINTO
CRIMINAL/PROCEDURE: Provides relative to the disbursement of funds for the loss of
life opportunities of wrongfully convicted persons
AN ACT1
To amend and reenact R.S. 15:572.8(H)(2), (3), and (4) and (N)(1) and to enact R.S.2
15:572.8(H)(5), (R), and (S), relative to compensation for wrongful conviction and3
imprisonment; to provide relative to the disbursement of funds for loss of life4
opportunities; to provide for the management of the Innocence Compensation Fund;5
to require reporting; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:572.8(H)(2), (3), and (4) and (N)(1) are hereby amended and8
reenacted and R.S. 15:572.8(H)(5), (R), and (S) are hereby enacted to read as follows:9
ยง572.8. Compensation for wrongful conviction and imprisonment; petition process;10
compensation; proof; assignment of powers and duties11
* * *12
H.13
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(2) Compensation shall be calculated at a rate of twenty-five thousand15
dollars per year incarcerated not to exceed a maximum total amount of two hundred16
fifty thousand dollars for the physical harm and injury suffered by the petitioner to17
be paid at a rate of twenty-five thousand dollars annually. 18
(3) As In addition to the funds provided in Paragraph (2) of this Subsection,19
as compensation for the loss of life opportunities resulting from the time spent20 HLS 12RS-828 ENGROSSED
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incarcerated, the court shall also review requests for payment and order payment, by1
the petitioner for training, services, or classes as provided in Subparagraphs (a), (b),2
(c), (d), and (e) of this Paragraph, not to exceed eighty thousand dollars, which the3
court finds reasonable and appropriate dollars. Upon showing by the petitioner that4
he has enrolled in or has registered for such training, services, or classes, entered into5
a lease or rental agreement for housing, purchased health care insurance, or incurred6
medical expenses, or upon proof of actual expenses incurred as a result thereof, the7
court shall order payment of funds for the loss of life opportunities, which the court8
finds reasonable and appropriate, from the Innocence Compensation Fund to:9
(a) Pay the costs of job-skills training for three years.10
(b) Pay for appropriate medically necessary medical and counseling services11
for six years to the petitioner at a mutually agreed upon location at no charge to the12
petitioner, but only if such services are not available from a state or other public13
facility, clinic, or office that is reasonably accessible to the petitioner.14
(c) Pay the costs of rent for the petitioner's housing.15
(d) Pay the costs of health care insurance or medical expenses.16
(e)(i) Provide expenses for tuition and fees at any community college or unit17
of the public university system of the state of Louisiana.18
(ii) State aid in accordance with this Subparagraph shall include assistance19
in meeting any admission standards or criteria required at any of the applicable20
institutions, including but not limited to assistance in satisfying requirements for a21
certificate of equivalency of completion of secondary education and assistance in22
completing any adult education program or courses.23
(iii) The right to receive aid in accordance with this Subparagraph shall be24
for ten years after the release of a petitioner who qualifies for aid. State education25
aid shall continue for up to a total of five years of aid when initiated within the ten-26
year period or until the degree or program for which the petitioner is authorized is27
completed, whichever is less, as long as the petitioner makes satisfactory progress28
in the courses or program in which he is enrolled. Aid shall be available for29 HLS 12RS-828 ENGROSSED
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completion of any degree or program which the petitioner chooses and which is1
available from the applicable institutions.2
(3)(4) In determining the compensation owed to the petitioner, the court may3
not deduct any expenses incurred by the state or any of its political subdivisions in4
connection with the arrest, prosecution, conviction, and imprisonment of the5
petitioner for a crime of which the board finds he was factually innocent, including6
expense for food, clothing, shelter, and medical services.7
(4)(5) A petitioner shall not be entitled to compensation for any portion of8
a sentence in prison during which he was also serving a concurrent sentence for the9
conviction of another crime.10
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N.(1) There is hereby established a special fund in the state treasury to be12
known as the Innocence Compensation Fund, hereinafter referred to as the "fund".13
The fund shall be administered by the Louisiana Commission on Law Enforcement14
and Administration of Criminal Justice. The source of monies for the fund shall be15
appropriations, donations, grants, and other monies which may become available for16
the purposes of the fund. Any judgment rendered pursuant to this Section shall be17
payable only from the fund established herein. No state agency, political18
subdivision, constitutional office, nor employee thereof shall be liable for any19
payment ordered pursuant to this Section.20
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R. The Louisiana Commission on Law Enforcement and Administration of22
Criminal Justice shall prepare a report annually for the prior calendar year and23
submit it to the governor and legislature, on or before the first day of April,24
commencing in 2013, including the number of awards and the total amount of funds25
distributed in accordance with the provisions of this Section.26
S. The Louisiana Commission on Law Enforcement and Administration of27
Criminal Justice, in accordance with the Administrative Procedure Act, shall adopt28 HLS 12RS-828 ENGROSSED
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all rules necessary to implement the provisions of this Section, including but not1
limited to the following:2
(l) The methods and procedures for applying for compensation from the3
Innocence Compensation Fund as authorized by this Section.4
(2) The administration of the Innocence Compensation Fund.5
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lopinto HB No. 575
Abstract: Provides relative to the disbursement of funds for loss of life opportunities of
persons who were wrongfully convicted, requiring proof of enrollment or registration
or proof of actual expenses incurred.
Present law provides for the disbursement of funds up to $80,000 for the loss of life
opportunities of persons who were wrongfully convicted in order to pay for certain job-skills
training, education, or other medical and counseling services.
Proposed law retains present law but requires the petitioner to show that he has enrolled in
or has registered for such training, classes, or services, or provide proof of actual expenses
incurred as a result thereof.
Proposed law adds that expenses associated with entering into a lease or rental agreement
for housing, purchasing health care insurance, or incurring medical expenses may be covered
by the loss of life opportunities award.
Proposed law requires the La. Commission on Law Enforcement and Administration of
Criminal Justice to manage the Innocence Compensation Fund.
Proposed law provides that the La. Commission on Law Enforcement and Administration
of Criminal Justice shall prepare a report annually for the prior calendar year and submit it
to the governor and legislature, on or before the first day of April, commencing in 2013,
including the number of awards and the total amount of funds distributed.
Proposed law requires the La. Commission on Law Enforcement and Administration of
Criminal Justice to adopt rules to administer proposed law.
(Amends R.S. 15:572.8(H)(2), (3), and (4) and (N)(1); Adds R.S. 15:572.8(H)(5), (R), and
(S))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Added provisions requiring the Innocence Compensation Fund to be managed
by the La. Commission on Law Enforcement and Administration of Criminal
Justice. HLS 12RS-828 ENGROSSED
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2. Added provisions requiring the commission to submit an annual report on the
total number of awards and compensation distributed to the governor and
legislature.
3. Authorized expenses for housing, health insurance, and medical needs to be
covered by the $80,000 loss of life opportunities award.
4. Added provision requiring the promulgation of rules.