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 the statute of limitations, permitting individuals to file claims within two years of their conviction being vacated or dismissed, or their release from various forms of supervision, including civil commitment or parole, whichever is later. Additionally, it provides a two-year window for those previously ineligible to file due to a guilty plea.

The bill also revises the damages calculation for wrongful imprisonment claims, maintaining the existing framework while adding provisions for civil commitment. Damages can now include twice the claimant's income prior to incarceration or $50,000 for each year of incarceration or civil commitment, whichever is greater, along with an additional $25,000 for each year served under state supervision. Furthermore, if damages exceed $1 million, the court may order payment as an annuity over a maximum of 20 years. The bill also ensures that any liens placed by the Public Defender for services rendered will be discharged if the 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