SB 587

Currently, the claims board is directed to hear claims against the state for

compensation by persons who are convicted of and imprisoned for crimes of which

they claim to be innocent after their release from imprisonment. After a hearing on

a petition, 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. The claims board may only award

compensation to a petitioner if it finds that the petitioner did not by his or her act

or failure to act contribute to or bring about the conviction and imprisonment for

which he or she seeks compensation.

This bill provides, in addition, that the claims board shall award compensation

only if the board determines that a petitioner's claim for compensation is one which,

on the basis of equitable principles, this state should assume and pay. Under the bill,

in order to be eligible for compensation, a person must have been wrongfully confined

in a prison or county jail facility. A person who is placed on probation or who is subject

only to electronic monitoring in his or her home is not eligible for compensation. The

bill provides that a finding of innocence is not substantiated based solely on the fact

that a petitioner was found not guilty of the crime of which he or she was convicted.

The bill also directs the claims board, before awarding or recommending the

payment of compensation to a petitioner, to find that the petitioner has presented

clear and convincing evidence that the petitioner 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 bill provides that no person may file a claim for wrongful

imprisonment or be paid an award for such imprisonment if the person is convicted

of a crime (an offense that is prohibited by state law and punishable with a fine or

imprisonment, or both) after his or her release from imprisonment.

Currently, the maximum amount that the claims board may award to a

petitioner is $5,000 for each year of imprisonment, not to exceed a total of $25,000.

This bill increases the maximum to $15,000 for each year of imprisonment, not to

exceed a total of $200,000.

Under the bill, if a person's conviction for a crime is reversed, set aside, or

vacated on grounds consistent with the person's innocence, and the person is ordered

released from prison by a trial court, the court is required to grant the person, upon

request, temporary financial assistance, transition assistance from the department

of corrections and local aid agencies, and sealing of all records related to his or her

conviction. If the person pursues a successful petition for wrongful imprisonment,

any temporary financial assistance he or she received upon release from prison is

subtracted from any compensation he or she receives for wrongful imprisonment.

Current law does not specifically address the situation where a petitioner who

would have been entitled to receive compensation for wrongful imprisonment dies

before the claims board awards compensation. This bill provides that if a petitioner