This bill amends New Jersey's wrongful imprisonment statute to expand the categories of individuals eligible to bring claims for wrongful imprisonment. Specifically, it allows individuals who were wrongfully convicted and subsequently civilly committed as "sexually violent predators" to seek damages, as well as those who entered guilty pleas for crimes they did not commit. The bill clarifies that individuals can file a civil action within two years after their conviction is vacated or dismissed, or after their release from imprisonment or state supervision, whichever is later. Additionally, it provides a two-year window for those previously ineligible to bring a civil action due to a guilty plea.

The bill also updates the damages provisions, maintaining the existing framework while adding new categories for recovery. Damages can now include twice the amount of the claimant's income prior to incarceration or civil commitment, $50,000 for each year of incarceration or civil commitment, and an additional $25,000 for each year served under state supervision, including parole or probation. Furthermore, if damages exceed $1 million, the court may order payment as an annuity over a maximum of 20 years. The bill also clarifies that the public defender must discharge any lien for services rendered when a defendant is awarded damages under the wrongful imprisonment statute.

Statutes affected:
Introduced: 52:4C-1, 52:4C-3, 52:4C-4, 52:4C-7, 2A:158A-17