Bill Text: FL S0494 | 2017 | Regular Session | Engrossed
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-Engrossed.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-Engrossed.html
CS for SB 494 First Engrossed 2017494e1 1 A bill to be entitled 2 An act relating to compensation of victims of wrongful 3 incarceration; amending s. 961.02, F.S.; defining the 4 term “violent felony”; making technical changes; 5 amending s. 961.04, F.S.; revising the circumstances 6 under which a person is disqualified from receiving 7 compensation under the Victims of Wrongful 8 Incarceration Compensation Act; amending s. 961.06, 9 F.S.; specifying that a wrongfully incarcerated person 10 who commits no more than one felony that is not a 11 violent felony, rather than a felony law violation, 12 which results in revocation of parole or community 13 supervision is eligible for compensation; providing 14 applicability; reenacting s. 961.03(1)(a), (2), (3), 15 and (4), F.S., relating to determination of 16 eligibility for compensation, to incorporate the 17 amendments made by the act 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 the 20 determination of entitlement to compensation, 21 application for compensation for a wrongfully 22 incarcerated person and exemption from application by 23 nolle prosequi, and alternative application for 24 compensation for a wrongfully incarcerated person, to 25 incorporate the amendments made by the act to s. 26 961.06, F.S., in references thereto; providing an 27 effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Section 961.02, Florida Statutes, is reordered 32 and amended to read: 33 961.02 Definitions.—As used in ss. 961.01-961.07, the term: 34 (1) “Act” means the Victims of Wrongful Incarceration 35 Compensation Act. 36 (2) “Department” means the Department of Legal Affairs. 37 (3) “Division” means the Division of Administrative 38 Hearings. 39 (7)(4)“Wrongfully incarcerated person” means a person 40 whose felony conviction and sentence have been vacated by a 41 court of competent jurisdiction and who is the subject of an 42 order issued by the original sentencing court pursuant to s. 43 961.03, with respect to whom pursuant to the requirements of s.44961.03, the original sentencing court has issued its order45 finding that the person did not commitneither committedthe act 46 ornor theoffense that served as the basis for the conviction 47 and incarceration and that the person did not aid, abet, or act 48 as an accomplice or accessory to a person who committed the act 49 or offense. 50 (4)(5)“Eligible for compensation” means that a person 51 meets the definition of the term “wrongfully incarcerated 52 person” and is not disqualified from seeking compensation under 53 the criteria prescribed in s. 961.04. 54 (5)(6)“Entitled to compensation” means that a person meets 55 the definition of the term “eligible for compensation” and 56 satisfies the application requirements prescribed in s. 961.05, 57 and may receive compensation pursuant to s. 961.06. 58 (6) “Violent felony” means a felony listed in s. 59 775.084(1)(c)1. or s. 948.06(8)(c). 60 Section 2. Section 961.04, Florida Statutes, is amended to 61 read: 62 961.04 Eligibility for compensation for wrongful 63 incarceration.—A wrongfully incarcerated person is not eligible 64 for compensation under the act if: 65 (1) Before the person’s wrongful conviction and 66 incarceration, the person was convicted of, or pled guilty or 67 nolo contendere to, regardless of adjudication, any violent 68 felonyoffense, or a crime committed in another jurisdiction the 69 elements of which would constitute a violent felony in this 70 state, or a crime committed against the United States which is 71 designated a violent felony, excluding any delinquency 72 disposition; 73 (2) Before the person’s wrongful conviction and 74 incarceration, the person was convicted of, or pled guilty or 75 nolo contendere to, regardless of adjudication, more than one 76 felony that is not a violent felony, or more than one crime 77 committed in another jurisdiction, the elements of which would 78 constitute a felony in this state, or more than one crime 79 committed against the United States which is designated a 80 felony, excluding any delinquency disposition; 81 (3)(2)During the person’s wrongful incarceration, the 82 person was convicted of, or pled guilty or nolo contendere to, 83 regardless of adjudication, any violent felonyoffense;or84 (4) During the person’s wrongful incarceration, the person 85 was convicted of, or pled guilty or nolo contendere to, 86 regardless of adjudication, more than one felony that is not a 87 violent felony; or 88 (5)(3)During the person’s wrongful incarceration, the 89 person was also serving a concurrent sentence for another felony 90 for which the person was not wrongfully convicted. 91 Section 3. Subsection (2) of section 961.06, Florida 92 Statutes, is amended to read: 93 961.06 Compensation for wrongful incarceration.— 94 (2) In calculating monetary compensation under paragraph 95 (1)(a), a wrongfully incarcerated person who is placed on parole 96 or community supervision while serving the sentence resulting 97 from the wrongful conviction and who commits no more than one 98 felony that is notanything less thana violent felony whichlaw99violationthatresults in revocation of the parole or community 100 supervision is eligible for compensation for the total number of 101 years incarcerated. A wrongfully incarcerated person who commits 102 one violentafelony or more than one felony that is not a 103 violent felonylaw violationthat results in revocation of the 104 parole or community supervision is ineligible for any 105 compensation under subsection (1). 106 Section 4. The changes made by this act to ss. 961.02, 107 961.04, and 961.06, Florida Statutes, apply only to persons who 108 are determined to be wrongfully incarcerated on or after the 109 effective date of this act. 110 Section 5. For the purpose of incorporating the amendments 111 made by this act to section 961.04, Florida Statutes, in 112 references thereto, paragraph (a) of subsection (1) and 113 subsections (2), (3), and (4) of section 961.03, Florida 114 Statutes, are reenacted to read: 115 961.03 Determination of status as a wrongfully incarcerated 116 person; determination of eligibility for compensation.— 117 (1)(a) In order to meet the definition of a “wrongfully 118 incarcerated person” and “eligible for compensation,” upon entry 119 of an order, based upon exonerating evidence, vacating a 120 conviction and sentence, a person must set forth the claim of 121 wrongful incarceration under oath and with particularity by 122 filing a petition with the original sentencing court, with a 123 copy of the petition and proper notice to the prosecuting 124 authority in the underlying felony for which the person was 125 incarcerated. At a minimum, the petition must: 126 1. State that verifiable and substantial evidence of actual 127 innocence exists and state with particularity the nature and 128 significance of the verifiable and substantial evidence of 129 actual innocence; and 130 2. State that the person is not disqualified, under the 131 provisions of s. 961.04, from seeking compensation under this 132 act. 133 (2) The prosecuting authority must respond to the petition 134 within 30 days. The prosecuting authority may respond: 135 (a) By certifying to the court that, based upon the 136 petition and verifiable and substantial evidence of actual 137 innocence, no further criminal proceedings in the case at bar 138 can or will be initiated by the prosecuting authority, that no 139 questions of fact remain as to the petitioner’s wrongful 140 incarceration, and that the petitioner is not ineligible from 141 seeking compensation under the provisions of s. 961.04; or 142 (b) By contesting the nature, significance, or effect of 143 the evidence of actual innocence, the facts related to the 144 petitioner’s alleged wrongful incarceration, or whether the 145 petitioner is ineligible from seeking compensation under the 146 provisions of s. 961.04. 147 (3) If the prosecuting authority responds as set forth in 148 paragraph (2)(a), the original sentencing court, based upon the 149 evidence of actual innocence, the prosecuting authority’s 150 certification, and upon the court’s finding that the petitioner 151 has presented clear and convincing evidence that the petitioner 152 committed neither the act nor the offense that served as the 153 basis for the conviction and incarceration, and that the 154 petitioner did not aid, abet, or act as an accomplice to a 155 person who committed the act or offense, shall certify to the 156 department that the petitioner is a wrongfully incarcerated 157 person as defined by this act. Based upon the prosecuting 158 authority’s certification, the court shall also certify to the 159 department that the petitioner is eligible for compensation 160 under the provisions of s. 961.04. 161 (4)(a) If the prosecuting authority responds as set forth 162 in paragraph (2)(b), the original sentencing court shall make a 163 determination from the pleadings and supporting documentation 164 whether, by a preponderance of the evidence, the petitioner is 165 ineligible for compensation under the provisions of s. 961.04, 166 regardless of his or her claim of wrongful incarceration. If the 167 court finds the petitioner ineligible under the provisions of s. 168 961.04, it shall dismiss the petition. 169 (b) If the prosecuting authority responds as set forth in 170 paragraph (2)(b), and the court determines that the petitioner 171 is eligible under the provisions of s. 961.04, but the 172 prosecuting authority contests the nature, significance or 173 effect of the evidence of actual innocence, or the facts related 174 to the petitioner’s alleged wrongful incarceration, the court 175 shall set forth its findings and transfer the petition by 176 electronic means through the division’s website to the division 177 for findings of fact and a recommended determination of whether 178 the petitioner has established that he or she is a wrongfully 179 incarcerated person who is eligible for compensation under this 180 act. 181 Section 6. For the purpose of incorporating the amendment 182 made by this act to section 961.06, Florida Statutes, in a 183 reference thereto, subsection (6) of section 961.05, Florida 184 Statutes, is reenacted to read: 185 961.05 Application for compensation for wrongful 186 incarceration; administrative expunction; determination of 187 entitlement to compensation.— 188 (6) If the department determines that a claimant meets the 189 requirements of this act, the wrongfully incarcerated person who 190 is the subject of the claim becomes entitled to compensation, 191 subject to the provisions in s. 961.06. 192 Section 7. For the purpose of incorporating the amendments 193 made by this act to section 961.06, Florida Statutes, in 194 references thereto, subsection (1) of section 961.055, Florida 195 Statutes, is reenacted to read: 196 961.055 Application for compensation for a wrongfully 197 incarcerated person; exemption from application by nolle 198 prosequi.— 199 (1) A person alleged to be a wrongfully incarcerated person 200 who was convicted and sentenced to death on or before December 201 31, 1979, is exempt from the application provisions of ss. 202 961.03, 961.04, and 961.05 in the determination of wrongful 203 incarceration and eligibility to receive compensation pursuant 204 to s. 961.06 if: 205 (a) The Governor issues an executive order appointing a 206 special prosecutor to review the defendant’s conviction; and 207 (b) The special prosecutor thereafter enters a nolle 208 prosequi for the charges for which the defendant was convicted 209 and sentenced to death. 210 Section 8. For the purpose of incorporating the amendment 211 made by this act to section 961.06, Florida Statutes, in a 212 reference thereto, subsection (4) of section 961.056, Florida 213 Statutes, is reenacted to read: 214 961.056 Alternative application for compensation for a 215 wrongfully incarcerated person.— 216 (4) If the department determines that a claimant making 217 application under this section meets the requirements of this 218 chapter, the wrongfully incarcerated person is entitled to 219 compensation under s. 961.06. 220 Section 9. This act shall take effect October 1, 2017.