Substitute House Bill No. 7251, also known as Public Act No. 25-57, revises the process for individuals seeking compensation for wrongful incarceration through the Claims Commissioner. The bill sets specific eligibility criteria, requiring individuals to have been convicted of a crime, served part or all of their sentence, and had their conviction vacated or reversed on grounds of innocence or serious misconduct by state officials. It clarifies that "grounds consistent with innocence" can include substantial evidence of innocence, whether it was available at the time of trial or discovered later. The compensation process is defined as two hundred percent of the median family income for the state for each year of incarceration, with adjustments for inflation, and allows for additional compensation for employment training and educational expenses. The Attorney General is empowered to work with the Chief State's Attorney to establish facts related to claims and may agree to stipulated facts and compensation amounts with claimants.

The bill also introduces amendments to existing law, including a requirement that any claim necessitating 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 timeline for filing claims based on pardons or dismissals, mandating 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 date. Additionally, claimants must sign a release relinquishing their right to pursue further legal action against the state regarding their wrongful conviction, and any damages awarded from actions against other government entities will be offset by the compensation received under this section. The bill also allows estates of deceased claimants to receive compensation if the claim was pending at the time of death and clarifies that certain agreements or stipulations under section 3-125a are exempt from these provisions.

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