The bill amends the Revised Code to update the terminology and processes related to wrongful imprisonment, now referred to as wrongful incarceration. Key changes include replacing "imprisoned" with "incarcerated" throughout the relevant sections, which affects definitions and procedures for compensation claims. The bill clarifies the criteria for individuals to be recognized as wrongfully incarcerated, detailing their legal status, the nature of charges, and the circumstances of their conviction. It also outlines the civil action process for declaring wrongful incarceration, specifying the roles of the court of common pleas and the attorney general, and ensuring individuals have the right to legal representation.
Furthermore, the bill establishes a streamlined process for compensation claims, allowing wrongfully incarcerated individuals to submit a certified copy of the judgment entry from the court of common pleas as evidence of their status. It details the compensation structure, which includes amounts for fines, attorney fees, lost wages, and other costs incurred during incarceration. If the court of claims rules in favor of the individual, it will award compensation based on various factors, including the length of incarceration and any debts owed to the state. The bill also includes provisions for deductions from the awarded amount if the individual has received other monetary awards related to their wrongful incarceration and clarifies that determinations of wrongful incarceration are not admissible in future criminal proceedings. Additionally, it repeals several sections of the Revised Code that pertain to the previous terminology and processes.
Statutes affected: As Introduced: 117.52, 2305.02, 2743.15, 2743.48, 2743.49