Substitute House Bill No. 7251, now Public Act No. 25-57, revises the eligibility criteria and procedures for individuals seeking compensation for wrongful incarceration through the Claims Commissioner. The bill establishes that individuals are eligible for compensation if they have been convicted of a crime, served part or all of their sentence, and their conviction has been vacated or reversed on grounds of innocence or serious misconduct by state officials. It clarifies that "grounds consistent with innocence" includes substantial evidence of innocence, whether previously available or newly discovered, and modifies the claimant's burden of proof to allow for the presentation of evidence regarding factors affecting their claim, such as damage to reputation and the severity of the crime. The bill also introduces a formula for compensation tied to the median family income and allows for collaboration between the Attorney General and the Chief State's Attorney in establishing facts related to claims.

Additionally, the bill mandates that any claim requiring an expenditure of one million five hundred thousand dollars or less from the General Fund must be submitted to the General Assembly for review. It modifies the time frame for filing claims based on pardons or dismissals, stipulating that claims related to events before October 1, 2008, must be filed within two years of that date, while claims for events on or after that date must be filed within two years of the pardon or dismissal. The bill also requires claimants to sign a release relinquishing their right to pursue further legal action against the state related to their wrongful conviction and specifies that damages awarded from actions against other government entities will offset the compensation received. Furthermore, it allows estates of deceased claimants to receive compensation if the claim was pending at the time of death and clarifies that certain provisions do not apply to agreements made under section 3-125a.

Statutes affected:
Raised Bill: 54-102uu
JUD Joint Favorable Substitute: 54-102uu, 52-557f
File No. 807: 54-102uu, 52-557f
File No. 942: 54-102uu
Public Act No. 25-57: 54-102uu