The proposed bill would significantly update current statutes by establishing a structured legal framework for individuals wrongfully convicted of felonies to seek compensation from the state. Under new provisions, claimants can file actions in superior court if they have been pardoned based on innocence, had their convictions reversed or vacated, or entered a plea of no contest while maintaining innocence. The bill details the procedures for filing claims, including timelines and the burden of proof on the Attorney General, and outlines compensation entitlements based on years of wrongful incarceration, as well as reimbursement for mental health treatment and educational services.
Additionally, the bill mandates the expungement of records related to erroneous convictions, ensuring that individuals are treated as if they were never arrested or convicted for those offenses. Current statutes do not provide a structured process for compensation or specific entitlements for individuals wrongfully convicted. It requires the sealing of all related records, limits access to the claimant and their attorney, and mandates that arresting and prosecuting agencies clearly identify erroneous convictions in their records. The legislation aims to provide a clear avenue for redress and support for wrongfully convicted individuals.