HP0784, LD 1061, item 1, An Act To Establish a Fund To Compensate Unjustly Incarcerated Persons

An Act To Establish a Fund To Compensate Unjustly Incarcerated Persons

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §1524 is enacted to read:

§ 1524. Unjustly Incarcerated Persons Compensation Fund established

The Unjustly Incarcerated Persons Compensation Fund, referred to in this section as "the compensation fund," is established as a nonlapsing fund. The compensation fund receives funds allocated or transferred by the Legislature from the unappropriated surplus of the General Fund. The State Controller shall disburse funds in accordance with the provisions established under chapter 603. The State Controller shall provide quarterly financial reports regarding the compensation fund to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs.

Sec. 2. 5 MRSA c. 603 is enacted to read:

CHAPTER 603

UNJUSTLY INCARCERATED PERSONS COMPENSATION FUND

§ 22101. Compensation payments

The State Controller shall make compensation payments in the amounts directed by this chapter to persons entitled to compensation from the Unjustly Incarcerated Persons Compensation Fund established in section 1524.

§ 22102. Persons entitled to compensation

1. Requirements. A person is entitled to compensation if:

A. The person has served in whole or in part a sentence of imprisonment under the laws of this State; and

B. The person:

(1) Has received a full and free pardon on the basis of innocence for the crime for which the person was sentenced;

(2) Has been granted relief in accordance with a writ of habeas corpus that is based on a court finding or determination that the person is actually innocent of the crime for which the person was sentenced; or

(3) Has been granted relief in accordance with a writ of habeas corpus and:

(a) The court in which the person was convicted has entered an order dismissing the charge; and

(b) The court's dismissal order is based on a motion to dismiss in which the district attorney or the Attorney General states that no credible evidence exists that inculpates the defendant and, either in the motion or in an affidavit, the district attorney or the Attorney General states that the district attorney or Attorney General believes that the defendant is actually innocent of the crime for which the person was sentenced.

2. Concurrent sentence. A person is not entitled to compensation under subsection 1 for any part of a sentence of imprisonment during which the person was also serving a concurrent sentence for another crime to which subsection 1 does not apply.

3. Deceased person. If a deceased person would be entitled to compensation under subsection 1 if living, including a person who received a posthumous pardon, the person's heirs, legal representatives and estate are entitled to lump-sum compensation under section 22106.

§ 22103. Notice to person entitled to compensation

1. Information. The Department of Corrections shall provide to each person entitled to compensation under section 22102, subsection 1 information, both orally and in writing, that includes:

A. Guidance on how to obtain compensation under this chapter; and

B. A list of and contact information for nonprofit advocacy groups, identified by the Department of Corrections, that assist persons in filing claims for compensation under this chapter.

2. Timing. The Department of Corrections shall provide the information required under subsection 1:

A. At the time of the release of the person from imprisonment; or

B. As soon as practicable after the Department of Corrections has reason to believe that the person is entitled to compensation under section 22102, subsection 1.

§ 22104. Limitation on time to file

A person seeking compensation under this chapter must file an application with the State Controller for compensation under this chapter not later than the 3rd year after the date:

1. Pardon. The person on whose imprisonment the claim is based received a full and free pardon as provided by section 22102, subsection 1, paragraph B, subparagraph (1);

2. Writ of habeas corpus. The application for a writ of habeas corpus of the person on whose imprisonment the claim is based was granted as provided by section 22102, subsection 1, paragraph B, subparagraph (2); or

3. Order of dismissal. An order of dismissal was granted as provided by section 22102, subsection 1, paragraph B, subparagraph (3).

§ 22105. Application procedure

1. Application for compensation. To apply for compensation under this chapter, a claimant must file with the State Controller:

A. An application for compensation provided for that purpose by the State Controller;

B. A verified copy of the pardon, court order, motion to dismiss and affidavit as described in section 22102, subsection 1, paragraph B, as applicable, justifying the application for compensation;

C. A statement provided by the Department of Corrections and any county or municipality that incarcerated the person on whose imprisonment the claim is based in connection with the relevant sentence verifying the length of imprisonment; and

D. If applicable, a statement from the Department of Public Safety, State Bureau of Identification verifying the registration as a sex offender of the person on whose imprisonment the claim is based and length of registration.

2. Determination. The State Controller shall determine:

A. The eligibility of the claimant pursuant to subsection 3; and

B. The amount of compensation owed to an eligible claimant pursuant to section 22106.

3. Basis of determination. In determining the eligibility of a claimant, the State Controller shall consider only the verified copies of documents filed under subsection 1, paragraph B. If the filed documents do not clearly indicate that the person is entitled to compensation under section 22102, subsection 1, paragraph B, the State Controller shall deny the claim. The State Controller's duty to determine the eligibility of a claimant under this section is purely ministerial.

4. Determination within 45 days. The State Controller must make a determination of eligibility and the amount owed as required by subsection 2 not later than the 45th day after the date an application is received.

5. Denial of claim. If the State Controller denies the claim, the State Controller shall state the reason for the denial. Not later than the 30th day after the date the denial is received, the claimant shall submit an application to resolve any problem identified. Not later than the 45th day after the date an application is received under this subsection, the State Controller shall determine the claimant's eligibility and the amount owed.

6. Action for mandamus. If the State Controller denies a claim after the claimant submits an application under subsection 5, the claimant may bring an action for mandamus.

§ 22106. Amount of compensation

1. Compensation; time served. A person who meets the requirements of section 22102 is entitled to compensation in an amount equal to $25,000 multiplied by the number of years served in imprisonment, expressed as a fraction to reflect partial years.

2. Compensation; registration as sex offender. A person who, after serving a sentence of imprisonment in this State for which the person is entitled to compensation under subsection 1, was required to register as a sex offender is entitled to additional compensation in an amount equal to $10,000 multiplied by the number of years served as a registered sex offender, expressed as a fraction to reflect partial years.

§ 22107. Payment of compensation

1. Choice of compensation. A person entitled to compensation under section 22102, subsection 1 may choose a lump-sum payment or annuity payments as provided in subsection 2.

2. Annuity payments. Annuity payments under this subsection are based on a present value sum equal to the amount to which the person is entitled under section 22106, subsections 1 and 2 and are payable in equal monthly installments actuarially estimated for the life of the claimant until paid in full.

Annuity payments under this subsection must be based on a 5% per annum interest rate and other actuarial factors within the discretion of the State Controller. Annuity payments under this subsection may not be accelerated, deferred, increased or decreased. A person entitled to annuity payments under this subsection may not sell, mortgage or otherwise encumber, or anticipate the payments, wholly or partly, by assignment or otherwise.

§ 22108. Exceptions to immunity

Notwithstanding any immunity of the State from suit or liability, including the Maine Tort Claims Act, the State is liable for the unjust incarceration of a person as provided in this chapter.

Sec. 3. 14 MRSA c. 747, as amended, is repealed.

summary

This bill creates the Unjustly Incarcerated Persons Compensation Fund and establishes compensation amounts and a process for the application for and determination of compensation. The bill establishes compensation of $25,000 per year of unjust incarceration and $10,000 for each year that the person eligible for compensation was required to register as a sex offender.

The bill provides for compensation payments to be made in a lump sum, and only in a lump sum in the case of a deceased person, or as an annuity.

A person is eligible to seek compensation if the person has served in whole or in part a sentence of imprisonment under the laws of this State and the person has:

1. Received a full and free pardon on the basis of innocence for the crime for which the person was sentenced;

2. Has been granted relief in accordance with a writ of habeas corpus that is based on a court finding or determination that the person is actually innocent of the crime for which the person was sentenced; or

3. Has been granted relief in accordance with a writ of habeas corpus and the court in which the person was convicted has entered an order dismissing the charge. The court's dismissal order must be based on a motion to dismiss in which the district attorney or the Attorney General states that no credible evidence exists that inculpates the defendant and, either in the motion or in an affidavit, the district attorney or the Attorney General states that the district attorney or Attorney General believes that the defendant is actually innocent of the crime for which the person was sentenced.

The bill repeals the existing law providing a maximum payment of $300,000 for wrongful imprisonment that is based on a pardon granted on the basis of innocence.

HP0784 LD 1061	Session - 129th Maine Legislature		LR 983 Item 1
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