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HF 2925

as introduced - 88th Legislature (2013 - 2014) Posted on 03/26/2014 12:43pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; compensating exonerated persons; amending Minnesota
Statutes 2012, section 609A.02, subdivision 3; 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 2012, section 609A.02, subdivision 3, is amended to read:


Subd. 3.

Certain criminal proceedings deleted text beginnot resulting in convictiondeleted text endnew text begin resolved in
favor of defendant
new text end.

new text begin(a) new text endA petition may be filed under section 609A.03 to seal all records
relating to an arrest, indictment or information, trial, or verdict if the records are not
subject to section 299C.11, subdivision 1, paragraph (b), and if all pending actions or
proceedings were resolved in favor of the petitioner. For purposes of this chapter, a verdict
of not guilty by reason of mental illness is not a resolution in favor of the petitioner.

new text begin (b) For the purposes of this section, an action or proceeding is resolved in favor of
the petitioner, and the petitioner is entitled to have all records of arrest, indictment or
information, and conviction sealed, if the petitioner was granted an award pursuant to
section 611.367 or a notice of exoneration pursuant to section 611.364.
new text end

Sec. 2.

new text begin [611.362] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The definitions in this section apply to sections 611.363
to 611.372.
new text end

new text begin Subd. 2. new text end

new text begin On grounds consistent with innocence. new text end

new text begin "On grounds consistent with
innocence" means a person was:
new text end

new text begin (1) exonerated through a pardon or sentence commutation, based on innocence, for a
crime or crimes for which the person was sentenced to imprisonment; or
new text end

new text begin (2) exonerated because the judgment of conviction was vacated or reversed, based on
new evidence of actual innocence, and either the complaint or indictment was dismissed,
or if a new trial was held, the defendant was found not guilty.
new text end

new text begin Subd. 3. new text end

new text begin Office. new text end

new text begin "Office" means the Office of Administrative Hearings.
new text end

Sec. 3.

new text begin [611.363] CLAIM FOR COMPENSATION FOR EXONEREES.
new text end

new text begin Subdivision 1. new text end

new text begin Elements. new text end

new text begin (a) A claim for compensation arises when a person:
new text end

new text begin (1) has been convicted of a crime and served any part of the imposed sentence
in prison;
new text end

new text begin (2) was exonerated of the charges on grounds consistent with innocence;
new text end

new text begin (3) did not commit any of the crimes for which relief is sought, or the acts or
omissions in the complaint did not constitute a crime;
new text end

new text begin (4) did not commit or suborn perjury, or fabricate evidence to cause or bring about
the conviction; and
new text end

new text begin (5) was not serving a different term of imprisonment on an alternate crime at the
same time.
new text end

new text begin (b) A claimant may make a claim only for that portion of time served in prison
during which they were serving no other sentence.
new text end

new text begin Subd. 2. new text end

new text begin Respondent. new text end

new text begin The state shall be named as the respondent. A claimant shall
serve the claim and all documents on the state through the attorney general.
new text end

new text begin Subd. 3. new text end

new text begin Agent for claimant. new text end

new text begin If the person entitled to file a claim is incapacitated
and incapable of filing the claim, or if he or she is a minor, or is a nonresident of the state,
the claim may be filed on behalf of the claimant by an authorized agent.
new text end

new text begin Subd. 4. new text end

new text begin Venue. new text end

new text begin Claimants must present all claims for relief under this section to
the office.
new text end

new text begin Subd. 5. new text end

new text begin Statute of limitations. new text end

new text begin A claimant may commence a claim seeking relief
under this section within two years after the date the person is exonerated or pardoned.
Any action by the state challenging or appealing the grant of judicial relief to the claimant
shall toll the two-year period. Persons released from custody on grounds consistent with
innocence prior to the effective date of this section must commence an action under this
section within two years of the effective date.
new text end

Sec. 4.

new text begin [611.364] NOTICE.
new text end

new text begin (a) If a district court or the pardon board relieves a person of the burden of a
conviction on grounds consistent with innocence, the pardon board or district court shall
provide a notice of exoneration and a copy of this act to the person.
new text end

new text begin (b) The notice should include identifying information about the crime of conviction,
a clear statement that the claimant was exonerated or pardoned on grounds consistent with
innocence, and the signature of the secretary of the pardon board granting the pardon or
commutation or a judge from the district court that vacated the conviction and granted
the new trial.
new text end

new text begin (c) The person granted relief must acknowledge receipt of the notice and copy of
this act either in writing or on the record in district court.
new text end

new text begin (d) The pardon board or district court that issued the notice shall file the notice with
the court where the person was convicted for the underlying offense.
new text end

new text begin (e) When a person who is granted judicial relief or a pardon based on innocence on
or after the effective date of this act does not receive the notice required by this section,
the person shall receive a one-year extension of the two-year time limit provided in
section 611.363, subdivision 4.
new text end

new text begin (f) The state court administrator shall make reasonable attempts to notify all persons
exonerated from a prison sentence before the enactment of this act of their rights under
this act.
new text end

Sec. 5.

new text begin [611.365] PRIMA FACIE REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Time for review. new text end

new text begin The chief administrative law judge must assign an
administrative law judge to review a claim submitted under this act. Within 30 business
days after the claim was filed with the office, when practicable, but never longer than 60
days, the administrative law judge must make a preliminary decision for its disposition.
new text end

new text begin Subd. 2. new text end

new text begin Preliminary decision. new text end

new text begin (a) If the administrative law judge determines
that the claim does not set forth a prima facie case for recovery pursuant to this act, the
administrative law judge must dismiss the claim.
new text end

new text begin (b) If the administrative law judge determines that the claim sets forth a prima facie
case for recovery under this act, the administrative law judge must schedule an evidentiary
hearing under section 611.366.
new text end

new text begin Subd. 3. new text end

new text begin Notice to parties. new text end

new text begin The office must notify the claimant and the state,
through the attorney general, of the decision made under subdivision 2. If the claim is
scheduled for a hearing, the notice must specify the time and place of the hearing and
inform the parties that they may submit evidence, affidavits, documentation, and argument
for consideration by the administrative law judge.
new text end

new text begin Subd. 4. new text end

new text begin Prehearing settlements. new text end

new text begin The office may set a prehearing settlement
conference date. At this conference, the parties must make a good faith attempt to reach a
settlement in the case. If the parties agree, they may present the assigned administrative
law judge with a joint motion for summary disposition and no further hearings will be
required. If a settlement document is signed by the administrative law judge, it will have
the same effect as an award under this section for all purposes contemplated by this section.
new text end

Sec. 6.

new text begin [611.366] EVIDENTIARY HEARING.
new text end

new text begin When required by section 611.365, the administrative law judge must hold an
evidentiary hearing and consider any evidence and argument submitted until the hearing
record is closed, including affidavits, documentation, and oral and written arguments. The
administrative law judge shall be bound by any fact:
new text end

new text begin (1) established by the stipulation of the parties; or
new text end

new text begin (2) found by the district court or the pardon board in making determinations under
this section.
new text end

new text begin All hearings and records relating to the hearing are open to the public, except
where, in the interest of justice, the administrative law judge orders a hearing closed
or a record sealed.
new text end

Sec. 7.

new text begin [611.367] DISPOSITION.
new text end

new text begin (a) The administrative law judge shall award damages to a claimant if the claimant
proves by a preponderance of evidence that the claimant:
new text end

new text begin (1) was convicted of a crime and served any part of the imposed sentence in prison;
new text end

new text begin (2) was exonerated of the charges on grounds consistent with innocence which may
be proven by an appropriately signed notice of exoneration from the secretary of the
pardon board or district court pursuant to section 611.364;
new text end

new text begin (3) did not commit any of the crimes for which relief is sought, or the acts or
omissions charged in the complaint did not constitute a crime;
new text end

new text begin (4) did not commit or suborn perjury, or fabricate evidence to cause or bring about
the conviction; and
new text end

new text begin (5) was not serving a different term of imprisonment on an alternate crime at the
same time; however, if the claimant served additional time in prison due to the conviction
that is the basis of this claim, the claimant may still make a claim for that portion of time
served in prison during which they were serving no other sentence.
new text end

new text begin (b) A confession or admission later found to be false or a guilty plea to a crime the
claimant did not commit does not constitute bringing about the claimant's conviction
for purposes of this act.
new text end

new text begin (c) The administrative law judge shall dismiss the case if the claimant fails to meet
the burden established in paragraph (a).
new text end

Sec. 8.

new text begin [611.368] DAMAGES.
new text end

new text begin Subdivision 1. new text end

new text begin Damages. new text end

new text begin An administrative law judge shall award a person the
relief provided for in this section if the judge finds that the claimant meets the criteria
set out in section 611.367.
new text end

new text begin Subd. 2. new text end

new text begin Monetary damages. new text end

new text begin The judge shall award a claimant not less than
$50,000 for each year of imprisonment, and not less than $25,000 for each year served on
parole, probation, or as a registered sex offender, to be prorated for partial years served.
In addition, the claimant shall be reimbursed for all restitution, assessments, fees, court
costs, and all other sums paid by the claimant as required by the judgment and sentence.
In calculating additional monetary damages, the administrative law judge shall also
consider the following:
new text end

new text begin (1) economic damages, including but not limited to attorney's fees, lost wages,
reimbursement for costs associated with the claimant's criminal defense, and efforts to
prove innocence;
new text end

new text begin (2) reimbursement for medical and dental expenses that the claimant already
incurred as well as future unpaid expenses expected to be incurred related to the claimant's
imprisonment;
new text end

new text begin (3) noneconomic damages for personal physical injuries or sickness and any
nonphysical injuries or sickness incurred during or as a result of imprisonment;
new text end

new text begin (4) reimbursement for any tuition and fees paid for each semester successfully
completed by the claimant in an educational program up to the equivalent value of a
four-year degree at a public university and reasonable reimbursement for employment
skills and development training for the claimant as well as future unpaid costs for education
and training not to exceed the anticipated cost of a four-year degree at a public university;
new text end

new text begin (5) reimbursement for paid or unpaid child support payments owed by the claimant
that became due, and interest on child support arrearages that accrued, during the time
served in prison; and
new text end

new text begin (6) reimbursement for paid or unpaid reintegrative expenses, if not provided for
pursuant to section 611.371, for any reasonable costs incurred by claimant for immediate
services secured upon exoneration and release, including housing, transportation and
subsistence, reintegrative services, and psychological, physical, and dental health care
costs incurred by the claimant for the time period between release from wrongful
imprisonment and the date of an award of damages under this section.
new text end

new text begin Subd. 3. new text end

new text begin Maximum total amount. new text end

new text begin The maximum total amount of an award
permitted under subdivision 2 may not exceed the maximum award amount allowed under
section 3.736, subdivision 4. For purposes of determining when the claim arose, the claim
for compensation under subdivision 2 arises when the exoneration occurs.
new text end

new text begin Subd. 4. new text end

new text begin Inflation. new text end

new text begin Inflation from the date of enactment as adjusted by the state
auditor shall be considered to increase the minimum amounts and maximum amounts
permitted by this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Attorney fees. new text end

new text begin The administrative law judge shall order reasonable
attorneys' fees for bringing a claim under this act. These fees, exclusive of expenses, shall
not exceed a reasonable amount, as adjusted by the state auditor to account for inflation
from the date of enactment. These fees shall not be deducted from the compensation due
claimant. If compensated under this section, claimant's counsel is not entitled to receive
additional fees from the claimant. This claim for attorney fees shall belong to and be
enforced solely by the claimant's attorney.
new text end

new text begin Subd. 6. new text end

new text begin Limitations. new text end

new text begin The damage award shall not be subject to treatment as gross
income to a claimant under the applicable provisions of the state tax code. Any amount
of the judgment that shall be awarded as attorney fees shall be taxable, if at all, only
to the claimant's attorney.
new text end

new text begin Subd. 7. new text end

new text begin Notice and acceptance of award. new text end

new text begin A claimant who is awarded damages
under this section shall be provided with a written notice of the award. The notice should
include identifying information about the crime of conviction, a clear statement that the
claimant received damages under this section on grounds consistent with innocence, and
the signature of the administrative law judge granting the award. A claimant's acceptance
of an award, compromise, or settlement shall be in writing and final and conclusive on
the claimant.
new text end

new text begin Subd. 8. new text end

new text begin Subsequent damage awards. new text end

new text begin Any future damages awarded to the
claimant resulting from an action by the claimant against any unit of government based on
the same subject shall be offset by the damage award received under this act.
new text end

new text begin Subd. 9. new text end

new text begin No offsets. new text end

new text begin The damage award shall not be offset by:
new text end

new text begin (1) any expenses incurred by the state or any political subdivision of the state
including, but not limited to, expenses incurred to secure the claimant's custody or to feed,
clothe, or provide medical services for claimant; or
new text end

new text begin (2) the value of any services or reduction in fees for services, or the value thereof to
be provided to the claimant that may be awarded to the claimant pursuant to this act.
new text end

Sec. 9.

new text begin [611.369] RECONSIDERATION BY CHIEF ADMINISTRATIVE LAW
JUDGE.
new text end

new text begin (a) If the administrative law judge dismisses the claim without a hearing, the judge
shall provide the claimant with written notice of the right to seek reconsideration of the
decision by the chief administrative law judge.
new text end

new text begin (b) A petition for reconsideration must be filed within 30 days after the dismissal.
The chief administrative law judge must make a decision on the petition within 30 days
after receiving the petition. If the chief administrative law judge determines that the
assigned administrative law judge made an error, the chief administrative law judge shall
grant the petition for reconsideration and schedule the claim for an evidentiary hearing
within 30 days.
new text end

Sec. 10.

new text begin [611.370] JUDICIAL REVIEW.
new text end

new text begin A party aggrieved by a final decision on a claim filed under this section is entitled
to judicial review of the decision as provided in sections 14.63 to 14.69; however,
proceedings on a complaint filed under this section are not a contested case within the
meaning of chapter 14 and are not otherwise governed by chapter 14.
new text end

Sec. 11.

new text begin [611.371] IMMEDIATE SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin Upon judicial order by the district court, or a directive
from the pardon board, releasing a defendant from prison on grounds consistent with
innocence, the commissioner of corrections shall provide the services described in
subdivision 2 for up to two years.
new text end

new text begin Subd. 2. new text end

new text begin Services. new text end

new text begin The commissioner must provide eligible claimants with basic
services upon release, including but not limited to the following: housing; vocational
training; transportation; subsistence monetary assistance; reintegrative services; and
psychological, physical, and dental health care. The need for these services shall be
determined through a review by the appropriate staff at the Department of Corrections in
consultation with the Department of Human Services for the county where the claimant
will reside, and provided by the appropriate state entities.
new text end

new text begin Subd. 3. new text end

new text begin Reimbursement for services. new text end

new text begin A claimant bringing an action for damages
pursuant to section 611.368 may not receive reimbursement for any services provided at
no cost to the claimant under subdivision 2.
new text end

Sec. 12.

new text begin [611.372] SHORT TITLE.
new text end

new text begin Sections 611.362 to 611.371 shall be cited as the Imprisonment and Exoneration
Remedies Act.
new text end