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HF 2925

1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 05/05/2014 08:21am

KEY: stricken = removed, old language.
underscored = added, new language.
1.1A bill for an act
1.2relating to criminal justice; establishing a process for compensation of certain
1.3exonerated persons; authorizing expungement of records; appropriating money;
1.4amending Minnesota Statutes 2012, section 609A.02, subdivision 3; proposing
1.5coding for new law in Minnesota Statutes, chapters 590; 611.

1.9    Subdivision 1. Definition. For purposes of this section, "exonerated" means that:
1.10(1) a court of this state:
1.11(i) vacated or reversed a judgment of conviction, including all convictions arising
1.12out of the same behavioral incident, and the prosecutor dismissed the charges; or
1.13(ii) ordered a new trial and the prosecutor dismissed the charges or the petitioner
1.14was found not guilty at the new trial; and
1.15(2) the time for appeal of the order resulting in exoneration has expired or the order
1.16has been affirmed and is final.
1.17    Subd. 2. Procedure. A petition for an order declaring eligibility for compensation
1.18based on exoneration under sections 611.362 to 611.368 must be brought before the
1.19district court where the order resulting in the exoneration was obtained. The state must be
1.20represented by the prosecutor who obtained the conviction or the prosecutor's successor.
1.21Within 20 days after the filing of the petition, the prosecutor must respond to the petition.
1.22A petition may be brought within two years after the petitioner is exonerated or at a later
1.23time if the petitioner establishes that the petition is not frivolous and is in the interests
1.24of justice. Persons released from custody on grounds consistent with exoneration before
2.1the effective date of this section may commence an action under this section within two
2.2years of the effective date.
2.3    Subd. 3. Compensation based on innocence. An individual who is exonerated
2.4is eligible for compensation based on the establishment of innocence if the petitioner
2.5establishes by a preponderance of the evidence that a crime was not committed or that the
2.6crime was not committed by the petitioner.
2.7    Subd. 4. Compensation without establishing innocence. An individual who
2.8is exonerated is eligible for compensation without establishing innocence if newly
2.9discovered evidence was the basis for the exoneration and the prosecutor, within 60 days
2.10of the filing of the petition, joins in the petition and indicates that it is likely that the
2.11original complaint would not have been filed or would have been dismissed if the newly
2.12discovered evidence had been available.
2.13    Subd. 5. Evidence. District court records related to the conviction and the
2.14exoneration are admissible in a proceeding under this section. A written affidavit or verbal
2.15statement on the record by the prosecutor who obtained the conviction or the prosecutor's
2.16successor is admissible to support or refute the petition. The prosecutor may address the
2.17prosecutor's decision to dismiss the charges or other information that may not be fully
2.18reflected in the proceedings resulting in exoneration. Acts by the petitioner that may have
2.19contributed to bringing about the conviction may be considered.
2.20    Subd. 6. Elements. (a) A claim for compensation arises if a person is eligible for
2.21compensation under subdivision 3 or 4 and:
2.22(1) the person was convicted of a felony and served any part of the imposed sentence
2.23in prison;
2.24(2) in cases where the person was convicted of multiple charges arising out of the
2.25same behavioral incident, the person was exonerated for all of those charges;
2.26(3) the person did not commit or induce another person to commit perjury or
2.27fabricate evidence to cause or bring about the conviction; and
2.28(4) the person was not serving a term of imprisonment for another crime at the same
2.29time, provided that if the person served additional time in prison due to the conviction that
2.30is the basis of the claim, the person may make a claim for that portion of time served in
2.31prison during which the person was serving no other sentence.
2.32(b) A claimant may make a claim only for that portion of time served in prison
2.33during which the claimant was serving no other sentence.
2.34(c) A confession or admission later found to be false or a guilty plea to a crime the
2.35claimant did not commit does not constitute bringing about the claimant's conviction
2.36for purposes of paragraph (a), clause (3).
3.1    Subd. 7. Order. If the court determines that the petitioner is eligible for
3.2compensation based on exoneration under subdivision 3 or 4, the court shall issue an order
3.3containing its findings and, if applicable, indicate the portion of the term of imprisonment
3.4for which the petitioner is entitled to make a claim. The court shall notify the petitioner of
3.5the right to file a claim for compensation under sections 611.362 to 611.368 and provide
3.6the petitioner with a copy of those sections. The petitioner must acknowledge receipt of
3.7the notice and a copy of those sections in writing or on the record before the court.
3.8    Subd. 8. Appeal. An order issued under this section may be appealed as provided
3.9for under section 590.06, except that service of the notice of appeal on the attorney
3.10general is not required.

3.11    Sec. 2. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:
3.12    Subd. 3. Certain criminal proceedings not resulting in conviction resolved in
3.13favor of defendant. (a) A petition may be filed under section 609A.03 to seal all records
3.14relating to an arrest, indictment or information, trial, or verdict if the records are not
3.15subject to section 299C.11, subdivision 1, paragraph (b), and if all pending actions or
3.16proceedings were resolved in favor of the petitioner. For purposes of this chapter, a verdict
3.17of not guilty by reason of mental illness is not a resolution in favor of the petitioner.
3.18(b) For purposes of this chapter, an action or proceeding is resolved in favor of the
3.19petitioner if the petitioner received an order under section 590.11 determining that the
3.20petitioner is eligible for compensation based on exoneration.

3.22    Subdivision 1. General. A person who receives an order under section 590.11
3.23determining that the person is entitled to compensation based on exoneration may bring
3.24a claim for an award under sections 611.362 to 611.368.
3.25    Subd. 2. Process; filing requirement. The state must be named as the respondent.
3.26A claimant shall serve the claim and all documents on the state through the commissioner
3.27of management and budget and file the claim with the Supreme Court. The claim must
3.28include a copy of the order issued by the district court under section 590.11, subdivision 7.
3.29The state shall respond to the claim within 60 days after service.
3.30    Subd. 3. Agent for claimant. If a person entitled to file a claim is incapacitated and
3.31incapable of filing the claim or is a minor or nonresident of the state, the claim may be
3.32filed on behalf of the claimant by a court-appointed guardian, the parent or guardian of
3.33a minor, or an authorized agent.
4.1    Subd. 4. Statute of limitations. A claimant may commence a claim under this
4.2section within two years after the date the order was issued under section 590.11,
4.3subdivision 7, provided that if the person did not receive the notice required under section
4.4590.11, subdivision 7, the person may commence a claim within three years of that date.
4.5An action by the state challenging or appealing the order under section 590.11 tolls the
4.6two-year period. Persons released from custody on grounds consistent with exoneration
4.7before the effective date of this section may commence an action under this section within
4.8two years of the effective date.

4.9    Sec. 4. [611.363] COMPENSATION PANEL.
4.10    Subdivision 1. Appointment. Within 30 business days after the claim is filed with
4.11the Supreme Court, the chief justice of the Supreme Court shall appoint a compensation
4.12panel of three attorneys or judges who are responsible for determining the amount of
4.13damages to be awarded. Members of the panel must have experience in legal issues
4.14involving the settlement of tort claims and the determination of damages.
4.15    Subd. 2. Compensation of panel members; procedures. (a) Members of the
4.16panel are entitled to the compensation authorized for members of boards under section
4.1715.0575, subdivision 3.
4.18(b) Consistent with sections 611.362 to 611.368, the panel may establish procedures,
4.19rules, and forms for considering claims and awarding damages.
4.20    Subd. 3. Payment of expenses. The state court administrator shall forward
4.21documentation of expenses and administrative costs of the panel to the commissioner of
4.22management and budget for payment of those amounts from appropriations available
4.23for this purpose.

4.25    Subdivision 1. Prehearing settlements. The panel may set a prehearing settlement
4.26conference date. At this conference, the parties must make a good faith attempt to reach a
4.27settlement in the case. If the parties agree, they may present the panel with a joint motion
4.28for summary disposition and no further hearings are required. If a settlement document is
4.29approved by the panel, it has the same effect as an award under section 611.365, for all
4.30purposes of that section.
4.31    Subd. 2. Hearing. (a) If the parties are unable to reach a settlement, the panel must
4.32hold an evidentiary hearing to determine the amount of damages to be awarded to the
4.33claimant. The panel may consider any evidence and argument submitted by the parties,
5.1including affidavits, documentation, and oral and written arguments. The panel is bound
5.2by any fact or damage amount established by the stipulation of the parties.
5.3(b) Hearings and records relating to the hearing are open to the public, except where,
5.4in the interest of justice, the panel orders a hearing closed or a record sealed.

5.5    Sec. 6. [611.365] DAMAGES.
5.6    Subdivision 1. General. A claimant is entitled to the damages provided for in
5.7this section.
5.8    Subd. 2. Reimbursement; monetary damages; attorney fees. (a) The claimant is
5.9entitled to reimbursement for all restitution, assessments, fees, court costs, and other sums
5.10paid by the claimant as required by the judgment and sentence. In addition, the claimant
5.11is entitled to monetary damages of not less than $50,000 for each year of imprisonment,
5.12and not less than $25,000 for each year served on supervised release or as a registered
5.13sex offender, to be prorated for partial years served. In calculating monetary damages,
5.14the panel shall consider:
5.15(1) economic damages, including reasonable attorney fees, lost wages, and
5.16reimbursement for costs associated with the claimant's criminal defense;
5.17(2) reimbursement for medical and dental expenses that the claimant already incurred
5.18and future unpaid expenses expected to be incurred related to the claimant's imprisonment;
5.19(3) noneconomic damages for personal physical injuries or sickness and any
5.20nonphysical injuries or sickness incurred during or as a result of imprisonment;
5.21(4) reimbursement for any tuition and fees paid for each semester successfully
5.22completed by the claimant in an educational program or for employment skills and
5.23development training, up to the equivalent value of a four-year degree at a public
5.24university, and reasonable payment for future unpaid costs for education and training, not
5.25to exceed the anticipated cost of a four-year degree at a public university;
5.26(5) reimbursement for paid or unpaid child support payments owed by the claimant
5.27that became due, and interest on child support arrearages that accrued, during the time
5.28served in prison; and
5.29(6) reimbursement for reasonable costs of paid or unpaid reintegrative expenses for
5.30immediate services secured by the claimant upon exoneration and release, including
5.31housing, transportation and subsistence, reintegrative services, and medical and dental
5.32health care costs.
5.33(b) The panel shall award the claimant reasonable attorney fees incurred in bringing
5.34a claim under sections 611.362 to 611.368 and in obtaining an order of eligibility for
5.35compensation based on exoneration under chapter 590.
6.1    Subd. 3. Limits on damages. There is no limit on the aggregate amount of damages
6.2that may be awarded under this section. Damages that may be awarded under subdivision
6.32, paragraph (a), clauses (1) and (4) to (6), are limited to $100,000 per year of imprisonment
6.4and $50,000 per year served on supervised release or as a registered sex offender.
6.5    Subd. 4. Notice and acceptance of award. A claimant who is awarded damages
6.6under this section must be provided with a written notice of the award, which must include
6.7an itemization of the total damage award calculation. A claimant's acceptance of an award,
6.8compromise, or settlement must be in writing and is final and conclusive on the claimant.
6.9    Subd. 5. Subsequent damage awards. Any future damages awarded to the
6.10claimant resulting from an action by the claimant against the state or a political subdivision
6.11of this state based on the same subject must be offset by the damage award received
6.12under this section.
6.13    Subd. 6. No offsets. The damage award must not be offset by:
6.14(1) any expenses incurred by the state or any political subdivision of the state,
6.15including expenses incurred to secure the claimant's custody or to feed, clothe, or provide
6.16medical services for the claimant; or
6.17(2) the value of any services or reduction in fees for services, or the value of services
6.18to be provided to the claimant that may be awarded to the claimant under this section.
6.19    Subd. 7. Survival of claim. A pending order issued under section 590.11,
6.20subdivision 7, or claim under sections 611.362 to 611.368, survives the death of the
6.21petitioner or claimant and the personal representative of the person may be substituted
6.22as the claimant or bring a claim.
6.23    Subd. 8. Child support payments. The amount of an award that represents
6.24reimbursement for child support payments or lost wages is subject to execution for
6.25payment of child support arrearages and interest.

6.26    Sec. 7. [611.366] JUDICIAL REVIEW.
6.27A party aggrieved by an award of damages under section 611.365 is entitled
6.28to judicial review of the decision as provided in sections 14.63 to 14.69; however,
6.29proceedings on a complaint filed under this section are not a contested case within the
6.30meaning of chapter 14 and are not otherwise governed by chapter 14.

6.33The compensation panel established in section 611.363 shall forward a final award
6.34of damages under section 611.365 to the commissioner of management and budget.
7.1The commissioner shall submit the amount of the final award to the legislature for
7.2consideration during the next session of the legislature.

7.3    Sec. 9. [611.368] SHORT TITLE.
7.4Sections 611.362 to 611.368 may be cited as the Imprisonment and Exoneration
7.5Remedies Act.

7.6    Sec. 10. APPROPRIATION.
7.7$3,000 is appropriated from the general fund for the fiscal year ending June 30,
7.82015, to the commissioner of management and budget for expenses incurred by the
7.9compensation panel described in Minnesota Statutes, section 611.363.