SB 322

This bill does the following: 1) makes changes to the requirements for claims

for state compensation by wrongfully imprisoned persons; and 2) provides health

care coverage and other assistance for such persons. Except as noted below, the bill

initially applies with respect to claims filed by persons who are released on or after

January 1, 1990, from imprisonment for crimes of which they claim to be innocent.

Requirements for claims.

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. Under the bill, the findings must

be based upon the preponderance of evidence (a lesser evidentiary standard than