Bill H.564, introduced by Representative Dolan, aims to enhance the legal framework for compensating individuals wrongfully convicted of crimes in Vermont. The bill clarifies that individuals who are convicted and later exonerated—regardless of whether their exoneration is due to DNA testing or other reasons—are entitled to compensation. Key provisions include the establishment of a clear definition of exoneration, which requires proof of actual innocence, the absence of evidence fabrication or perjury, and a minimum of six months served in prison. The bill also specifies that claims must be filed in Washington County Superior Court and outlines the burden of proof required for claimants.

Additionally, the bill introduces new provisions regarding the compensation process, including the establishment of a minimum and maximum amount for damages based on the years of wrongful incarceration, eligibility for state-funded health coverage, and the inclusion of reasonable attorney fees. It also stipulates that damages awarded will not be subject to state taxes, with certain exceptions, and that the right to bring an action for compensation survives the death of the claimant, allowing their estate to pursue the claim. The act is set to take effect upon passage.

Statutes affected:
As Introduced: 13-182