Minnesota Legislature
SF 2480
2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/01/2014 08:58am
Current Version - 2nd Engrossment
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A bill for an act
relating to criminal justice; establishing a process for compensation of certain
exonerated persons; authorizing expungement of records; appropriating money;
amending Minnesota Statutes 2012, section 609A.02, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapters 590; 611.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[590.11] ORDER DETERMINING ELIGIBILITY FOR
COMPENSATION BASED ON EXONERATION.
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new text begin Subdivision 1. new text end
new text begin Definition. new text end
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For purposes of this section, "exonerated" means that:
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(1) a court of this state:
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(i) vacated or reversed a judgment of conviction, including all convictions arising
out of the same behavioral incident, and the prosecutor dismissed the charges; or
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(ii) ordered a new trial and the prosecutor dismissed the charges or the petitioner
was found not guilty at the new trial; and
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(2) the time for appeal of the order resulting in exoneration has expired or the order
has been affirmed and is final.
new text end
new text begin Subd. 2. new text end
new text begin Procedure. new text end
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A petition for an order declaring eligibility for compensation
based on exoneration under sections 611.362 to 611.368 must be brought before the
district court where the order resulting in the exoneration was obtained. The state must be
represented by the prosecutor who obtained the conviction or the prosecutor's successor.
Within 20 days after the filing of the petition, the prosecutor must respond to the petition.
A petition may be brought within two years after the petitioner is exonerated or at a later
time if the petitioner establishes that the petition is not frivolous and is in the interests
of justice. Persons released from custody on grounds consistent with exoneration before
the effective date of this section may commence an action under this section within two
years of the effective date.
new text end
new text begin Subd. 3. new text end
new text begin Compensation based on innocence. new text end
new text begin
An individual who is exonerated
is eligible for compensation based on the establishment of innocence if the petitioner
establishes by a preponderance of the evidence that a crime was not committed or that the
crime was not committed by the petitioner.
new text end
new text begin Subd. 4. new text end
new text begin Compensation without establishing innocence. new text end
new text begin
An individual who
is exonerated is eligible for compensation without establishing innocence if newly
discovered evidence was the basis for the exoneration and the prosecutor, within 60 days
of the filing of the petition, joins in the petition and indicates that it is likely that the
original complaint would not have been filed or would have been dismissed if the newly
discovered evidence had been available.
new text end
new text begin Subd. 5. new text end
new text begin Evidence. new text end
new text begin
District court records related to the conviction and the
exoneration are admissible in a proceeding under this section. A written affidavit or verbal
statement on the record by the prosecutor who obtained the conviction or the prosecutor's
successor is admissible to support or refute the petition. The prosecutor may address the
prosecutor's decision to dismiss the charges or other information that may not be fully
reflected in the proceedings resulting in exoneration. Acts by the petitioner that may have
contributed to bringing about the conviction may be considered.
new text end
new text begin Subd. 6. new text end
new text begin Elements. new text end
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(a) A claim for compensation arises if a person is eligible for
compensation under subdivision 3 or 4 and:
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(1) the person was convicted of a felony and served any part of the imposed sentence
in prison;
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(2) in cases where the person was convicted of multiple charges arising out of the
same behavioral incident, the person was exonerated for all of those charges;
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(3) the person did not commit or induce another person to commit perjury or
fabricate evidence to cause or bring about the conviction; and
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(4) the person was not serving a term of imprisonment for another crime at the same
time, provided that if the person served additional time in prison due to the conviction that
is the basis of the claim, the person may make a claim for that portion of time served in
prison during which the person was serving no other sentence.
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(b) A claimant may make a claim only for that portion of time served in prison
during which the claimant was serving no other sentence.
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(c) 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 paragraph (a), clause (3).
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new text begin Subd. 7. new text end
new text begin Order. new text end
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If the court determines that the petitioner is eligible for
compensation based on exoneration under subdivision 3 or 4, the court shall issue an order
containing its findings and, if applicable, indicate the portion of the term of imprisonment
for which the petitioner is entitled to make a claim. The court shall notify the petitioner of
the right to file a claim for compensation under sections 611.362 to 611.368 and provide
the petitioner with a copy of those sections. The petitioner must acknowledge receipt of
the notice and a copy of those sections in writing or on the record before the court.
new text end
new text begin Subd. 8. new text end
new text begin Appeal. new text end
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An order issued under this section may be appealed as provided
for under section 590.06, except that service of the notice of appeal on the attorney
general is not required.
new text end
Sec. 2.
Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:
Subd. 3.
Certain criminal proceedings deleted text begin not resulting in convictiondeleted text end new text begin resolved in
favor of defendantnew text end .
new text begin (a) new text end A 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 purposes of this chapter, an action or proceeding is resolved in favor of the
petitioner if the petitioner received an order under section 590.11 determining that the
petitioner is eligible for compensation based on exoneration.
new text end
Sec. 3.
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[611.362] CLAIM FOR COMPENSATION BASED ON EXONERATION.
new text end
new text begin Subdivision 1. new text end
new text begin General. new text end
new text begin
A person who receives an order under section 590.11
determining that the person is entitled to compensation based on exoneration may bring
a claim for an award under sections 611.362 to 611.368.
new text end
new text begin Subd. 2. new text end
new text begin Process; filing requirement. new text end
new text begin
The state must be named as the respondent.
A claimant shall serve the claim and all documents on the state through the commissioner
of management and budget and file the claim with the Supreme Court. The claim must
include a copy of the order issued by the district court under section 590.11, subdivision 7.
The state shall respond to the claim within 60 days after service.
new text end
new text begin Subd. 3. new text end
new text begin Agent for claimant. new text end
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If a person entitled to file a claim is incapacitated and
incapable of filing the claim or is a minor or nonresident of the state, the claim may be
filed on behalf of the claimant by a court-appointed guardian, the parent or guardian of
a minor, or an authorized agent.
new text end
new text begin Subd. 4. new text end
new text begin Statute of limitations. new text end
new text begin
A claimant may commence a claim under this
section within two years after the date the order was issued under section 590.11,
subdivision 7, provided that if the person did not receive the notice required under section
590.11, subdivision 7, the person may commence a claim within three years of that date.
An action by the state challenging or appealing the order under section 590.11 tolls the
two-year period. Persons released from custody on grounds consistent with exoneration
before the effective date of this section may commence an action under this section within
two years of the effective date.
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Sec. 4.
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[611.363] COMPENSATION PANEL.
new text end
new text begin Subdivision 1. new text end
new text begin Appointment. new text end
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Within 30 business days after the claim is filed with
the Supreme Court, the chief justice of the Supreme Court shall appoint a compensation
panel of three attorneys or judges who are responsible for determining the amount of
damages to be awarded. Members of the panel must have experience in legal issues
involving the settlement of tort claims and the determination of damages.
new text end
new text begin Subd. 2. new text end
new text begin Compensation of panel members; procedures. new text end
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(a) Members of the
panel are entitled to the compensation authorized for members of boards under section
15.0575, subdivision 3.
new text end
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(b) Consistent with sections 611.362 to 611.368, the panel may establish procedures,
rules, and forms for considering claims and awarding damages.
new text end
new text begin Subd. 3. new text end
new text begin Payment of expenses. new text end
new text begin
The state court administrator shall forward
documentation of expenses and administrative costs of the panel to the commissioner of
management and budget for payment of those amounts from appropriations available
for this purpose.
new text end
Sec. 5.
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[611.364] PREHEARING SETTLEMENTS AND HEARING.
new text end
new text begin Subdivision 1. new text end
new text begin Prehearing settlements. new text end
new text begin
The panel 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 panel with a joint motion
for summary disposition and no further hearings are required. If a settlement document is
approved by the panel, it has the same effect as an award under section 611.365, for all
purposes of that section.
new text end
new text begin Subd. 2. new text end
new text begin Hearing. new text end
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(a) If the parties are unable to reach a settlement, the panel must
hold an evidentiary hearing to determine the amount of damages to be awarded to the
claimant. The panel may consider any evidence and argument submitted by the parties,
including affidavits, documentation, and oral and written arguments. The panel is bound
by any fact or damage amount established by the stipulation of the parties.
new text end
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(b) Hearings and records relating to the hearing are open to the public, except where,
in the interest of justice, the panel orders a hearing closed or a record sealed.
new text end
Sec. 6.
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[611.365] DAMAGES.
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new text begin Subdivision 1. new text end
new text begin General. new text end
new text begin
A claimant is entitled to the damages provided for in
this section.
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new text begin Subd. 2. new text end
new text begin Reimbursement; monetary damages; attorney fees. new text end
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(a) The claimant is
entitled to reimbursement for all restitution, assessments, fees, court costs, and other sums
paid by the claimant as required by the judgment and sentence. In addition, the claimant
is entitled to monetary damages of not less than $50,000 for each year of imprisonment,
and not less than $25,000 for each year served on supervised release or as a registered
sex offender, to be prorated for partial years served. In calculating monetary damages,
the panel shall consider:
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(1) economic damages, including reasonable attorney fees, lost wages, and
reimbursement for costs associated with the claimant's criminal defense;
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(2) reimbursement for medical and dental expenses that the claimant already incurred
and future unpaid expenses expected to be incurred related to the claimant's imprisonment;
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(3) noneconomic damages for personal physical injuries or sickness and any
nonphysical injuries or sickness incurred during or as a result of imprisonment;
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(4) reimbursement for any tuition and fees paid for each semester successfully
completed by the claimant in an educational program or for employment skills and
development training, up to the equivalent value of a four-year degree at a public
university, and reasonable payment for 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
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new text begin
(6) reimbursement for reasonable costs of paid or unpaid reintegrative expenses for
immediate services secured by the claimant upon exoneration and release, including
housing, transportation and subsistence, reintegrative services, and medical and dental
health care costs.
new text end
new text begin
(b) The panel shall award the claimant reasonable attorney fees incurred in bringing
a claim under sections 611.362 to 611.368 and in obtaining an order of eligibility for
compensation based on exoneration under chapter 590.
new text end
new text begin Subd. 3. new text end
new text begin Limits on damages. new text end
new text begin
There is no limit on the aggregate amount of damages
that may be awarded under this section. Damages that may be awarded under subdivision 2,
paragraph (b), clauses (1) and (4) to (6), are limited to $100,000 per year of imprisonment
and $50,000 per year served on supervised release or as a registered sex offender.
new text end
new text begin Subd. 4. 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 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 end
new text begin Subd. 5. 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 the state or a political subdivision
of this state based on the same subject must be offset by the damage award received
under this section.
new text end
new text begin Subd. 6. new text end
new text begin No offsets. new text end
new text begin
The damage award must not be offset by:
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new text begin
(1) any expenses incurred by the state or any political subdivision of the state,
including expenses incurred to secure the claimant's custody or to feed, clothe, or provide
medical services for the claimant; or
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(2) the value of any services or reduction in fees for services, or the value of services
to be provided to the claimant that may be awarded to the claimant under this section.
new text end
new text begin Subd. 7. new text end
new text begin Survival of claim. new text end
new text begin
A pending order issued under section 590.11,
subdivision 7, or claim under sections 611.362 to 611.368, survives the death of the
petitioner or claimant and the personal representative of the person may be substituted
as the claimant or bring a claim.
new text end
new text begin Subd. 8. new text end
new text begin Child support payments. new text end
new text begin
The amount of an award that represents
reimbursement for child support payments or lost wages is subject to execution for
payment of child support arrearages and interest.
new text end
Sec. 7.
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[611.366] JUDICIAL REVIEW.
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new text begin
A party aggrieved by an award of damages under section 611.365 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. 8.
new text begin
[611.367] COMPENSATING EXONERATED PERSONS;
APPROPRIATIONS PROCESS.
new text end
new text begin
The compensation panel established in section 611.363 shall forward a final award
of damages under section 611.365 to the commissioner of management and budget.
The commissioner shall submit the amount of the final award to the legislature for
consideration during the next session of the legislature.
new text end
Sec. 9.
new text begin
[611.368] SHORT TITLE.
new text end
new text begin
Sections 611.362 to 611.368 may be cited as the Imprisonment and Exoneration
Remedies Act.
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Sec. 10. new text begin APPROPRIATION.
new text end
new text begin
$3,000 is appropriated from the general fund for the fiscal year ending June 30,
2015, to the commissioner of management and budget for expenses incurred by the
compensation panel described in Minnesota Statutes, section 611.363.
new text end