AB 452

Currently, the state claims board is directed to hear petitions for compensation

by persons who are released from imprisonment for crimes of which they claim to be

innocent. The board must find either that the evidence is clear and convincing that

the petitioner was innocent of the crime for which he or she was imprisoned or that

the evidence is not clear and convincing that he or she was innocent. If the board finds

that the petitioner was innocent and that he or she did not by his or her act or failure

to act contribute to bring about the conviction and imprisonment for which he or she

seeks compensation, the board must award the petitioner compensation not to

exceed $25,000 total nor more than $5,000 for each year of imprisonment. This

amount includes any expenses for attorney fees, costs, and disbursements incurred

by the petitioner. Any award is paid from state general purpose revenues. If the

board determines that it is not able to award an adequate compensation, it is directed

to submit a report to the legislature specifying the amount that it considers to be

adequate.

This bill provides that when the claims board receives a claim for wrongful

imprisonment filed by a petitioner who has been released from imprisonment and

who claims to be innocent of the crime for which he or she was imprisoned, the board

must refer the petition to the Division of Hearings and Appeals in the Department

of Administration (DOA). The bill then allows either DOA or the office of the

prosecutor who prosecuted the petitioner to file a written request with the claims

board for a hearing within 30 days after the original petition is filed with the board.

If a timely request for a hearing is filed, or if the division concludes that it cannot

determine the petitioner's eligibility for compensation without a hearing, the

division must hold a hearing within 60 days after the petition is filed. If a timely

request for a hearing is not filed and the division is able to determine that the

petitioner is eligible for compensation without a hearing, the division must decide

the matter without a hearing, except that the division must afford a petitioner an

opportunity for a hearing before denying compensation to the petitioner. If a hearing

is held, the bill allows the petitioner to be represented by a public defender. If a

hearing is held, the division appoints a hearing examiner to hear the petition. If no

hearing is held, the division decides the matter without a hearing. The hearing

examiner makes findings and issues a decision concerning whether the petitioner is

entitled to compensation. The findings must be based upon the preponderance of

evidence (a lesser evidentiary standard than clear and convincing evidence). The

petitioner need not show that he or she did not by his or her act or failure to act

contribute to bring about the conviction and imprisonment for which he or she seeks

compensation. If the hearing examiner's finding is in the affirmative, the examiner

must award compensation to the petitioner in an amount that the examiner

considers to be adequate and the board must pay that amount to the petitioner.

Under the bill, the amount of compensation is fixed at a rate of $50,000 per year and