New Jersey Senate Bill S625

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Expands categories of individuals who may bring a claim under wrongful imprisonment statute.

Impact

The estimated changes in the law would provide expanded access to civil action for individuals who have been wrongfully convicted, including those who have pled guilty to crimes they did not commit. Under the revised statute, individuals would have the opportunity to pursue damages from the Department of the Treasury under specific circumstances. This introduces a potentially significant shift in how cases of wrongful imprisonment are addressed in New Jersey, potentially increasing claims for compensation based on wrongful convictions.

Summary

Senate Bill 625 aims to expand the categories of individuals eligible to file claims under the wrongful imprisonment statute in New Jersey. This bill recognizes innocent persons who have been wrongly convicted and subsequently imprisoned or wrongfully civilly committed as 'sexually violent predators.' It seeks to rectify frustrations these individuals experience when trying to access legal redress for damages suffered due to wrongful conviction. The proposed amendment intends to provide a clearer path for such persons to receive compensation for the injustices they endure due to wrongful imprisonment.

Contention

The bill includes notable provisions regarding the calculation of damages, which involves not just the duration of imprisonment but also time spent under civil commitment as a 'sexually violent predator' and time under state supervision. This bill clarifies the statute of limitations for filing civil claims, giving individuals two years from their conviction’s dismissal or from their release to bring an action for damages. By including provisions that account for individuals with past guilty pleas, it could open discussions on the implications of such legal admissions in wrongful conviction cases.