HB 55: "An Act relating to compensation for wrongful conviction and imprisonment."

00 HOUSE BILL NO. 55 01 "An Act relating to compensation for wrongful conviction and imprisonment." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 44.77.010(a) is amended to read: 04 (a) Except as provided in (d) of this section, every claim for reimbursement 05 for wrongful conviction and imprisonment, for money expended, or for 06 compensation for labor, materials, or supplies furnished, or services given to or for the 07 state, whether based on a contract or on a ratification, shall be promptly presented to 08 the appropriate administrative or executive officer for approval and payment. 09 * Sec. 2. AS 44.77 is amended by adding a new section to read: 10 Sec. 44.77.018. Claims for wrongful conviction and imprisonment. (a) To 11 obtain compensation for wrongful conviction and imprisonment, a person must file a 12 claim with the attorney general as provided in this section. The person filing a claim 13 must show by a preponderance of the evidence that the person was convicted of one or 14 more offenses, was sentenced to a term of imprisonment, served all or any part of the 15 sentence, and

01 (1) either 02 (A) the conviction on which the sentence was imposed was 03 vacated or reversed because the person was not guilty and 04 (i) the charges on which the conviction was based were 05 later dismissed; or 06 (ii) the person was retried and found not guilty; or 07 (B) the person was pardoned because of innocence and 08 wrongful conviction; and 09 (2) the person did not 10 (A) commit any of the crimes charged in the criminal action in 11 which the person was convicted; 12 (B) commit perjury, induce another person to commit perjury, 13 or fabricate evidence in a manner that caused the conviction; in this section, a 14 false confession or admission or a guilty plea to a crime the person did not 15 commit does not constitute cause for conviction. 16 (b) A person is not entitled to compensation under this section for a period of 17 imprisonment for which the person was serving a concurrent sentence for another 18 crime to which this section does not apply. 19 (c) A person who meets the requirements of this section is entitled to 20 compensation in the amount of $50,000 multiplied by the number of years served in 21 prison, expressed as a fraction to reflect partial years, up to a maximum of $2,000,000. 22 (d) A person who receives compensation under this section may not bring any 23 action involving the same subject matter, including an action involving the person's 24 arrest, conviction, or length of confinement, against the state or a municipal 25 government or an official or employee of the state or a municipal government. 26 (e) A claim under this section must be filed within two years after the 27 subsequent dismissal, not guilty verdict, or pardon under (a) of this section, except that 28 the attorney general may authorize payment for a claim for wrongful imprisonment 29 not filed within two years if the person filing the claim shows good cause for the 30 delay. 31 * Sec. 3. AS 44.77.040(c) is amended to read:

01 (c) If the claimant does not accept the decision of the Department of 02 Administration, the claimant may obtain judicial review of the decision in accordance 03 with AS 44.62.560 - 44.62.570. Except for a claim for wrongful conviction and 04 imprisonment, a [A] claimant may also bring an action under AS 09.50.250 - 05 09.50.300 at any time after one year has elapsed since the presentation of the claim 06 under AS 44.77.010, if no decision has been made by the department. 07 * Sec. 4. AS 44.77.070 is amended to read: 08 Sec. 44.77.070. Applicability of AS 44.77.010 - 44.77.060. Except for a 09 claim for wrongful conviction and imprisonment, AS 44.77.010 - 44.77.060 do not 10 apply to a department in the executive branch or to the legislative or judicial branches 11 if that department or branch has adopted a mandatory claims and appeal procedure.