The bill amends the Revised Code to update the wrongful imprisonment law, now referred to as wrongful incarceration. Key changes include replacing the term "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 their charges, and the circumstances of their conviction. It also outlines the process for filing civil actions, the jurisdiction of the court of common pleas, and the role of the attorney general, while establishing the rights to legal representation and the procedures for compensation claims.
Furthermore, the bill specifies that individuals can submit a certified copy of the judgment entry from the court of common pleas to the court of claims, which will serve as sufficient evidence to establish their status as wrongfully incarcerated. It details the compensation structure, including amounts for fines, attorney fees, lost wages, and 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 duration 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 emphasizes that the state consents to be sued in these cases. Additionally, it clarifies that determinations of wrongful incarceration are not admissible in future criminal proceedings and repeals several outdated sections of the Revised Code.
Statutes affected: As Introduced: 117.52, 2305.02, 2743.15, 2743.48, 2743.49