SF 3376

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/11/2025 09:49 a.m.

A bill for an act
relating to public safety; authorizing payment of preliminary monetary damages
to certain exonerated individuals; establishing the exoneration compensation
account in the special revenue fund; appropriating money; amending Minnesota
Statutes 2024, sections 590.11, subdivision 3; 611.365, subdivision 4, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapter 611.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 590.11, subdivision 3, is amended to read:

Subd. 3.

Compensation based on exoneration in the interests of justice.

(a) An
individual who is exonerated is eligible for compensation in the interests of justice, if the
prosecutor deleted text begin , deleted text end new text begin (1) new text end within 60 days of filing the petition, joins the petition and indicates that it
is likely that the original complaint or indictment would not have been filed or sought or
would have been dismissed with the knowledge of all of the circumstances new text begin , or (2) after the
individual is exonerated but prior to the filing of the petition, indicates that the prosecutor
will join the petition and that it is likely that the original complaint or indictment would not
have been filed or sought or would have been dismissed with the knowledge of all of the
circumstances new text end . Joinder and agreement to compensation based on the interests of justice by
the prosecutor shall conclusively establish eligibility for compensation precluding any
further proceedings under paragraph (b). Upon receipt of prosecutor's joinder and agreement,
the court shall issue an order as described in subdivision 7, granting petitioner's eligibility
for compensation under this subdivision.

(b) If the prosecutor does not join and agree as provided under paragraph (a), the court
shall determine if an individual who is exonerated is eligible for compensation based on
the establishment of innocence if the petitioner establishes that a crime was not committed
or that the crime was not committed by the petitioner. The petitioner's burden of proof and
the procedures set forth in section 590.04, subdivision 3, apply to this proceeding.

Sec. 2.

Minnesota Statutes 2024, section 611.365, subdivision 4, is amended to read:

Subd. 4.

Notice and acceptance of award.

A claimant who is awarded damages under
this section must be provided with a written notice of the award, which must include an
itemization of the total damage award calculation. A claimant's acceptance of an award,
compromise, or settlement must be in writing and is final and conclusive on the claimant. new text begin
This subdivision does not apply to a payment of preliminary monetary damages pursuant
to subdivision 8.
new text end

Sec. 3.

Minnesota Statutes 2024, section 611.365, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Preliminary monetary damages. new text end

new text begin If, pursuant to section 590.11, subdivision
3, paragraph (a), the prosecutor indicates prior to the filing of the petition that the prosecutor
will join the petition, the claimant is entitled to a prompt payment of preliminary monetary
damages to be paid out from the exoneration compensation account in the special revenue
fund. The amount of preliminary monetary damages is equal to $5,000 for each year of
incarceration and $2,500 for each year served on supervised release or as a registered
predatory offender. Preliminary monetary damages must be prorated for partial years served.
Final damages awarded under this section must be reduced by the amount of preliminary
monetary damages paid.
new text end

Sec. 4.

new text begin [611.3677] EXONERATION COMPENSATION ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin An exoneration compensation account is created in the
special revenue fund in the state treasury. Money in the exoneration compensation account
is appropriated to the commissioner of public safety for payment of preliminary monetary
damages awards pursuant to section 611.365, subdivision 8.
new text end

new text begin Subd. 2. new text end

new text begin Transfer. new text end

new text begin $250,000 in fiscal year 2026 is transferred from the general fund to
the exoneration compensation account. Upon payment of preliminary monetary damages
awards pursuant to section 611.365, subdivision 8, an amount equal to the payment shall
be transferred from the general fund to the exoneration compensation account to maintain
a balance of $250,000.
new text end