Bill Text: FL S0494 | 2017 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Compensation of Victims of Wrongful Incarceration
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-19 - Chapter No. 2017-120 [S0494 Detail]
Download: Florida-2017-S0494-Comm_Sub.html
Bill Title: Compensation of Victims of Wrongful Incarceration
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-19 - Chapter No. 2017-120 [S0494 Detail]
Download: Florida-2017-S0494-Comm_Sub.html
Florida Senate - 2017 CS for SB 494 By the Committee on Judiciary; and Senator Bradley 590-02191-17 2017494c1 1 A bill to be entitled 2 An act relating to compensation of victims of wrongful 3 incarceration; reordering and amending s. 961.02, 4 F.S.; making technical changes; defining the term 5 “violent felony”; amending s. 961.04, F.S.; revising 6 the circumstances under which a wrongfully 7 incarcerated person is not eligible for compensation 8 under the Victims of Wrongful Incarceration 9 Compensation Act; amending s. 961.06, F.S.; providing 10 that a wrongfully incarcerated person who commits a 11 violent felony, rather than a felony law violation, 12 which results in revocation of parole or community 13 supervision is ineligible for compensation; reenacting 14 s. 961.03(1)(a), (2), (3), and (4), F.S., relating to 15 determination of status as a wrongfully incarcerated 16 person and of eligibility for compensation, to 17 incorporate the amendment made to s. 961.04, F.S., in 18 references thereto; reenacting ss. 961.05(6), 19 961.055(1), and 961.056(4), F.S., relating to 20 determination of entitlement to compensation, 21 application for compensation for a wrongfully 22 incarcerated person, and an alternative application 23 for compensation for a wrongfully incarcerated person, 24 respectively, to incorporate the amendment made to s. 25 961.06, F.S., in references thereto; providing an 26 effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Section 961.02, Florida Statutes, is reordered 31 and amended to read: 32 961.02 Definitions.—As used in ss. 961.01-961.07, the term: 33 (1) “Act” means the Victims of Wrongful Incarceration 34 Compensation Act. 35 (2) “Department” means the Department of Legal Affairs. 36 (3) “Division” means the Division of Administrative 37 Hearings. 38 (7)(4)“Wrongfully incarcerated person” means a person 39 whose felony conviction and sentence have been vacated by a 40 court of competent jurisdiction and who is the subject of an 41 order issued by the original sentencing court pursuant to s. 42 961.03, with respect to whom pursuant to the requirements of s.43961.03,the original sentencing court has issueditsorder44 finding that the person did not commitneither committedthe act 45 ornor theoffense that served as the basis for the conviction 46 and incarceration and that the person did not aid, abet, or act 47 as an accomplice or accessory to a person who committed the act 48 or offense. 49 (4)(5)“Eligible for compensation” means that a person 50 meets the definition of the term “wrongfully incarcerated 51 person” and is not disqualified from seeking compensation under 52 the criteria prescribed in s. 961.04. 53 (5)(6)“Entitled to compensation” means that a person meets 54 the definition of the term “eligible for compensation” and 55 satisfies the application requirements prescribed in s. 961.05, 56 and may receive compensation pursuant to s. 961.06. 57 (6) “Violent felony” means a felony listed in s. 58 775.084(1)(c)1. or s. 948.06(8)(c). 59 Section 2. Section 961.04, Florida Statutes, is amended to 60 read: 61 961.04 Eligibility for compensation for wrongful 62 incarceration.—A wrongfully incarcerated person is not eligible 63 for compensation under the act if: 64(1) Before the person’s wrongful conviction and65incarceration, the person was convicted of, or pled guilty or66nolo contendere to, regardless of adjudication, any felony67offense, or a crime committed in another jurisdiction the68elements of which would constitute a felony in this state, or a69crime committed against the United States which is designated a70felony, excluding any delinquency disposition;71 (1)(2)During the person’s wrongful incarceration, the 72 person was convicted of, or pled guilty or nolo contendere to, 73 regardless of adjudication, any violent felonyoffense; or 74 (2)(3)During the person’s wrongful incarceration, the 75 person was also serving a concurrent sentence for another felony 76 for which the person was not wrongfully convicted. 77 Section 3. Subsection (2) of section 961.06, Florida 78 Statutes, is amended to read: 79 961.06 Compensation for wrongful incarceration.— 80 (2) In calculating monetary compensation under paragraph 81 (1)(a), a wrongfully incarcerated person who is placed on parole 82 or community supervision while serving the sentence resulting 83 from the wrongful conviction and who commits anything less than 84 a violent felonylaw violationthat results in revocation of the 85 parole or community supervision is eligible for compensation for 86 the total number of years incarcerated. A wrongfully 87 incarcerated person who commits a violent felonylaw violation88 that results in revocation of the parole or community 89 supervision is ineligible for any compensation under subsection 90 (1). 91 Section 4. For the purpose of incorporating the amendment 92 made by this act to section 961.04, Florida Statutes, in 93 references thereto, paragraph (a) of subsection (1) and 94 subsections (2), (3), and (4) of section 961.03, Florida 95 Statutes, are reenacted to read: 96 961.03 Determination of status as a wrongfully incarcerated 97 person; determination of eligibility for compensation.— 98 (1)(a) In order to meet the definition of a “wrongfully 99 incarcerated person” and “eligible for compensation,” upon entry 100 of an order, based upon exonerating evidence, vacating a 101 conviction and sentence, a person must set forth the claim of 102 wrongful incarceration under oath and with particularity by 103 filing a petition with the original sentencing court, with a 104 copy of the petition and proper notice to the prosecuting 105 authority in the underlying felony for which the person was 106 incarcerated. At a minimum, the petition must: 107 1. State that verifiable and substantial evidence of actual 108 innocence exists and state with particularity the nature and 109 significance of the verifiable and substantial evidence of 110 actual innocence; and 111 2. State that the person is not disqualified, under the 112 provisions of s. 961.04, from seeking compensation under this 113 act. 114 (2) The prosecuting authority must respond to the petition 115 within 30 days. The prosecuting authority may respond: 116 (a) By certifying to the court that, based upon the 117 petition and verifiable and substantial evidence of actual 118 innocence, no further criminal proceedings in the case at bar 119 can or will be initiated by the prosecuting authority, that no 120 questions of fact remain as to the petitioner’s wrongful 121 incarceration, and that the petitioner is not ineligible from 122 seeking compensation under the provisions of s. 961.04; or 123 (b) By contesting the nature, significance, or effect of 124 the evidence of actual innocence, the facts related to the 125 petitioner’s alleged wrongful incarceration, or whether the 126 petitioner is ineligible from seeking compensation under the 127 provisions of s. 961.04. 128 (3) If the prosecuting authority responds as set forth in 129 paragraph (2)(a), the original sentencing court, based upon the 130 evidence of actual innocence, the prosecuting authority’s 131 certification, and upon the court’s finding that the petitioner 132 has presented clear and convincing evidence that the petitioner 133 committed neither the act nor the offense that served as the 134 basis for the conviction and incarceration, and that the 135 petitioner did not aid, abet, or act as an accomplice to a 136 person who committed the act or offense, shall certify to the 137 department that the petitioner is a wrongfully incarcerated 138 person as defined by this act. Based upon the prosecuting 139 authority’s certification, the court shall also certify to the 140 department that the petitioner is eligible for compensation 141 under the provisions of s. 961.04. 142 (4)(a) If the prosecuting authority responds as set forth 143 in paragraph (2)(b), the original sentencing court shall make a 144 determination from the pleadings and supporting documentation 145 whether, by a preponderance of the evidence, the petitioner is 146 ineligible for compensation under the provisions of s. 961.04, 147 regardless of his or her claim of wrongful incarceration. If the 148 court finds the petitioner ineligible under the provisions of s. 149 961.04, it shall dismiss the petition. 150 (b) If the prosecuting authority responds as set forth in 151 paragraph (2)(b), and the court determines that the petitioner 152 is eligible under the provisions of s. 961.04, but the 153 prosecuting authority contests the nature, significance or 154 effect of the evidence of actual innocence, or the facts related 155 to the petitioner’s alleged wrongful incarceration, the court 156 shall set forth its findings and transfer the petition by 157 electronic means through the division’s website to the division 158 for findings of fact and a recommended determination of whether 159 the petitioner has established that he or she is a wrongfully 160 incarcerated person who is eligible for compensation under this 161 act. 162 Section 5. For the purpose of incorporating the amendment 163 made by this act to section 961.06, Florida Statutes, in a 164 reference thereto, subsection (6) of section 961.05, Florida 165 Statutes, is reenacted to read: 166 961.05 Application for compensation for wrongful 167 incarceration; administrative expunction; determination of 168 entitlement to compensation.— 169 (6) If the department determines that a claimant meets the 170 requirements of this act, the wrongfully incarcerated person who 171 is the subject of the claim becomes entitled to compensation, 172 subject to the provisions in s. 961.06. 173 Section 6. For the purpose of incorporating the amendment 174 made by this act to section 961.06, Florida Statutes, in a 175 reference thereto, subsection (1) of section 961.055, Florida 176 Statutes, is reenacted to read: 177 961.055 Application for compensation for a wrongfully 178 incarcerated person; exemption from application by nolle 179 prosequi.— 180 (1) A person alleged to be a wrongfully incarcerated person 181 who was convicted and sentenced to death on or before December 182 31, 1979, is exempt from the application provisions of ss. 183 961.03, 961.04, and 961.05 in the determination of wrongful 184 incarceration and eligibility to receive compensation pursuant 185 to s. 961.06 if: 186 (a) The Governor issues an executive order appointing a 187 special prosecutor to review the defendant’s conviction; and 188 (b) The special prosecutor thereafter enters a nolle 189 prosequi for the charges for which the defendant was convicted 190 and sentenced to death. 191 Section 7. For the purpose of incorporating the amendment 192 made by this act to section 961.06, Florida Statutes, in a 193 reference thereto, subsection (4) of section 961.056, Florida 194 Statutes, is reenacted to read: 195 961.056 Alternative application for compensation for a 196 wrongfully incarcerated person.— 197 (4) If the department determines that a claimant making 198 application under this section meets the requirements of this 199 chapter, the wrongfully incarcerated person is entitled to 200 compensation under s. 961.06. 201 Section 8. This act shall take effect October 1, 2017.