The proposed bill would significantly update current statutes regarding compensation for individuals wrongfully convicted of felonies. It introduces a new legal framework that allows these individuals to file claims against the state for compensation starting January 1, 2026. The bill specifies that claims must be filed in the county of conviction within two years of certain triggering events, and it outlines eligibility criteria, including the requirement for claimants to prove their innocence. Additionally, it establishes an "Erroneous Convictions Fund" managed by the Arizona Department of Administration to provide financial compensation based on factors such as years of incarceration and the circumstances of the wrongful conviction.
Moreover, the bill enhances the expungement process for erroneous convictions by requiring courts to provide certified copies of expungement orders to the Department of Public Safety (DPS), which must then expunge and destroy related biological samples. It also mandates that the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) seal and separate expunged records, ensuring no public access to this information. Victims of erroneous convictions would be entitled to reimbursement for mental health treatment, and the Attorney General would have the authority to investigate misconduct contributing to wrongful convictions. The bill includes a repeal of the statute enabling erroneous conviction claims set for July 1, 2027, and makes various technical and conforming changes to existing law.
Statutes affected: Introduced Version: 8-862
Senate Engrossed Version: 8-862
Chaptered Version: 41-710.03, 13-3821, 13-610, 13-4033, 13-4401, 41-2407