Assembly Bill 583 proposes significant changes to the process for compensating individuals wrongfully imprisoned in Wisconsin. The bill mandates that any petition for compensation received by the Claims Board must be referred to the Division of Hearings and Appeals within five days. The Division is required to hold a hearing on the petition within 60 days if requested, and it must determine whether the evidence is clear and convincing that the petitioner was innocent. If the petitioner is found innocent, the Claims Board will award compensation at a rate of $50,000 per year, adjusted for inflation, with a maximum total award of $1,000,000. The bill also stipulates that petitioners must assign their rights to any third-party settlements related to their wrongful imprisonment as a condition of eligibility for compensation.

Additionally, the bill introduces provisions for health care coverage for those receiving compensation, allowing them to elect health care plans offered to state employees for a period equal to their imprisonment, up to five years. It also allows family members of deceased individuals who had the right to petition for compensation to file on behalf of the decedent. The bill exempts compensation payments from taxation and includes various amendments and new sections to existing statutes to facilitate these changes. Notably, it establishes that individuals convicted of violent crimes after their release are ineligible to file for compensation, and it creates a transition plan for individuals released based on claims of innocence.

Statutes affected:
Bill Text: 20.505(4)(d), 20.505, 40.51(1), 40.51, 227.03(5), 227.03