The Wrongful Conviction Compensation Act establishes a legal framework for individuals wrongfully convicted of misdemeanor or felony offenses, allowing them to petition for exoneration and providing definitions for key terms. The Act outlines the requirements for filing a petition, including the burden of proof and state defenses, mandates written notice of rights when a conviction is overturned, and sets a six-year statute of limitations for claims. It also details compensation for exonerated individuals, waives sovereign immunity for the state, allows retroactive claims, and includes provisions for expunging wrongful conviction records.
This bill amends the Act by introducing new procedural and evidentiary rules, including a deadline for retroactive claims to be filed by June 30, 2032, for those accruing before July 1, 2026. It establishes a "wrongful conviction compensation fund" to provide monetary relief, funded by various sources and administered by the department of finance and administration. The bill also offers financial assistance to individuals released due to wrongful convictions, including a one-time stipend and monthly payments for six months, with a $9 million appropriation from the general fund allocated for the fund starting in fiscal year 2027. The provisions will take effect on July 1, 2026.
Statutes affected: introduced version: 31-16-7, 37-2-1