Bill Text: MN HF2925 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Imprisonment and Exoneration Remedies Act; exonerated persons compensated, and money appropriated.
Sponsorship: Moderate Partisan Bill (Democrat 9-2)
Status: (Passed) 2014-05-16 - Secretary of State Chapter 269 [HF2925 Detail]
Download: Minnesota-2013-HF2925-Engrossed.html
Bill Title: Imprisonment and Exoneration Remedies Act; exonerated persons compensated, and money appropriated.
Sponsorship: Moderate Partisan Bill (Democrat 9-2)
Status: (Passed) 2014-05-16 - Secretary of State Chapter 269 [HF2925 Detail]
Download: Minnesota-2013-HF2925-Engrossed.html
1.2relating to public safety; compensating exonerated persons; appropriating money;
1.3amending Minnesota Statutes 2012, sections 590.01, by adding a subdivision;
1.4609A.02, subdivision 3; proposing coding for new law in Minnesota Statutes,
1.5chapter 611.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 590.01, is amended by adding a
1.8subdivision to read:
1.9 Subd. 3a. Order regarding eligibility for compensation based on exoneration.
1.10(a) This subdivision applies to petitions based on innocence when the court vacates or
1.11reverses the judgment of conviction based on innocence, or orders a new trial because
1.12of new evidence of innocence and the state dismisses the charges or the defendant was
1.13found not guilty.
1.14(b) Upon motion of the petitioner or defendant or upon its own motion, the court
1.15shall determine whether the petitioner or defendant is entitled to a claim for compensation
1.16based on the elements under section 611.362, subdivision 1. If the court determines that
1.17the person is eligible, the court shall issue an order containing its finding and notify
1.18the petitioner or defendant of the right to file a claim for compensation under sections
1.19611.362 to 611.369 and provide the person with a copy of those sections. The person
1.20must acknowledge receipt of the notice and a copy of those sections in writing or on the
1.21record before the court.
1.22 Sec. 2. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:
1.23 Subd. 3. Certain criminal proceedingsnot resulting in conviction resolved in
1.24favor of defendant. (a) A petition may be filed under section609A.03 to seal all records
2.1relating to an arrest, indictment or information, trial, or verdict if the records are not
2.2subject to section299C.11, subdivision 1 , paragraph (b), and if all pending actions or
2.3proceedings were resolved in favor of the petitioner. For purposes of this chapter, a verdict
2.4of not guilty by reason of mental illness is not a resolution in favor of the petitioner.
2.5(b) For the purposes of this chapter, an action or proceeding is resolved in favor of
2.6the petitioner, if the petitioner was granted an order for relief based on innocence under
2.7section 590.01.
2.8 Sec. 3. [611.362] CLAIM FOR COMPENSATION FOR A PERSON WHO IS
2.9EXONERATED.
2.10 Subdivision 1. Elements. (a) For purposes of issuing an order under section 590.01,
2.11subdivision 3a, and awarding damages under sections 611.362 to 611.369, a claim for
2.12compensation arises if:
2.13(1) a person has been convicted of a crime and served any part of the imposed
2.14sentence in prison;
2.15(2) in cases where the person was convicted of multiple charges arising out of the
2.16same behavioral incident, the person was exonerated based on innocence for all of those
2.17charges;
2.18(3) the person did not commit or induce another person to commit perjury, or
2.19fabricate evidence to cause or bring about the conviction; and
2.20(4) the person was not serving a term of imprisonment for another crime at the same
2.21time, provided that if the person served additional time in prison due to the conviction that
2.22is the basis of the claim, the person may make a claim for that portion of time served in
2.23prison during which the person was serving no other sentence.
2.24(b) A claimant may make a claim only for that portion of time served in prison
2.25during which they were serving no other sentence.
2.26(c) A confession or admission later found to be false or a guilty plea to a crime the
2.27claimant did not commit does not constitute bringing about the claimant's conviction
2.28for purposes of paragraph (a), clause (3).
2.29 Subd. 2. Respondent; filing requirement. The state must be named as the
2.30respondent. A claimant shall serve the claim and all documents on the state through
2.31the Office of Minnesota Management and Budget and file the claim with the Supreme
2.32Court. The claim must include a copy of the order from the district court under section
2.33590.01, subdivision 3a.
2.34 Subd. 3. Agent for claimant. If the person entitled to file a claim is incapacitated
2.35and incapable of filing the claim or is a minor or nonresident of the state, the claim may be
3.1filed on behalf of the claimant by a court-appointed guardian, the parent or guardian of
3.2a minor, or an authorized agent.
3.3 Subd. 4. Statute of limitations. A claimant may commence a claim under this
3.4section within two years after the date the person is exonerated, provided that if the person
3.5does not receive the notice required under section 590.01, subdivision 3a, the person may
3.6commence a claim within three years of that date. An action by the state challenging or
3.7appealing the grant of judicial relief to the claimant tolls the two-year period. Persons
3.8released from custody on grounds consistent with innocence before the effective date of this
3.9section may commence an action under this section within two years of the effective date.
3.10 Sec. 4. [611.363] COMPENSATION PANEL.
3.11 Subdivision 1. Appointment. Within 30 business days after the claim is filed with
3.12the Supreme Court, the chief justice of the Supreme Court shall appoint a compensation
3.13panel of three attorneys or judges who are responsible for determining the amount of
3.14damages to be awarded. Members of the panel must have experience in legal issues
3.15involving the settlement of tort claims and the determination of damages or criminal
3.16justice and sentencing.
3.17 Subd. 2. Compensation of panel members. Members of the panel are entitled to
3.18the compensation authorized for members of boards under section 15.0575, subdivision 3.
3.19 Subd. 3. Payment of expenses. The state court administrator shall forward
3.20documentation of expenses and administrative costs of the panel to the commissioner of
3.21management and budget for payment of those amounts from appropriations available
3.22for this purpose.
3.23 Sec. 5. [611.364] PREHEARING SETTLEMENTS AND HEARING.
3.24 Subdivision 1. Prehearing settlements. The panel may set a prehearing settlement
3.25conference date. At this conference, the parties must make a good faith attempt to reach a
3.26settlement in the case. If the parties agree, they may present the panel with a joint motion
3.27for summary disposition and no further hearings are required. If a settlement document is
3.28approved by the panel, it has the same effect as an award under section 611.365, for all
3.29purposes of that section.
3.30 Subd. 2. Hearing. (a) If the parties are unable to reach a settlement, the panel must
3.31hold an evidentiary hearing and consider any evidence and argument submitted by the
3.32parties, including affidavits, documentation, and oral and written arguments. The panel is
3.33bound by any fact or damage amount established by the stipulation of the parties.
4.1(b) Hearings and records relating to the hearing are open to the public, except where,
4.2in the interest of justice, the panel orders a hearing closed or a record sealed.
4.3 Sec. 6. [611.365] DAMAGES.
4.4 Subdivision 1. General. A claimant is entitled to the damages provided for in
4.5this section.
4.6 Subd. 2. Monetary damages; attorney fees. (a) A claimant is entitled to not less
4.7than $50,000 for each year of imprisonment, and not less than $25,000 for each year
4.8served on supervised release or as a registered sex offender, to be prorated for partial years
4.9served. In addition, the claimant must be reimbursed for all restitution, assessments, fees,
4.10court costs, and other sums paid by the claimant as required by the judgment and sentence.
4.11In calculating additional monetary damages, the panel shall consider:
4.12(1) economic damages, including reasonable attorney fees, lost wages, reimbursement
4.13for costs associated with the claimant's criminal defense, and efforts to prove innocence;
4.14(2) reimbursement for medical and dental expenses that the claimant already incurred
4.15and future unpaid expenses expected to be incurred related to the claimant's imprisonment;
4.16(3) noneconomic damages for personal physical injuries or sickness and any
4.17nonphysical injuries or sickness incurred during or as a result of imprisonment;
4.18(4) reimbursement for any tuition and fees paid for each semester successfully
4.19completed by the claimant in an educational program, up to the equivalent value of a
4.20four-year degree at a public university, and reasonable reimbursement for employment
4.21skills and development training for the claimant as well as future unpaid costs for education
4.22and training not to exceed the anticipated cost of a four-year degree at a public university;
4.23(5) reimbursement for paid or unpaid child support payments owed by the claimant
4.24that became due, and interest on child support arrearages that accrued, during the time
4.25served in prison; and
4.26(6) reimbursement for paid or unpaid reintegrative expenses, if not provided for
4.27under section 611.367, for any reasonable costs incurred by the claimant for immediate
4.28services secured upon exoneration and release, including housing, transportation and
4.29subsistence, reintegrative services, and psychological, physical, and dental health care
4.30costs incurred by the claimant for the time period between release from wrongful
4.31imprisonment and the date of an award of damages under this section.
4.32(b) The panel shall award the claimant reasonable attorney fees incurred in bringing
4.33a claim under sections 611.362 to 611.369 and in obtaining an order of eligibility for
4.34compensation based on exoneration under chapter 590.
5.1 Subd. 3. No limit. There is no limit on the amount of damages that may be awarded
5.2under this section.
5.3 Subd. 4. Notice and acceptance of award. A claimant who is awarded damages
5.4under this section must be provided with a written notice of the award. A claimant's
5.5acceptance of an award, compromise, or settlement must be in writing and is final and
5.6conclusive on the claimant.
5.7 Subd. 5. Subsequent damage awards. Any future damages awarded to the
5.8claimant resulting from an action by the claimant against the state or a political subdivision
5.9of this state based on the same subject must be offset by the damage award received
5.10under this section.
5.11 Subd. 6. No offsets. The damage award must not be offset by:
5.12(1) any expenses incurred by the state or any political subdivision of the state,
5.13including expenses incurred to secure the claimant's custody or to feed, clothe, or provide
5.14medical services for the claimant; or
5.15(2) the value of any services or reduction in fees for services, or the value of services
5.16to be provided to the claimant that may be awarded to the claimant under this section.
5.17 Sec. 7. [611.366] JUDICIAL REVIEW.
5.18A party aggrieved by an award of damages under section 611.365 is entitled
5.19to judicial review of the decision as provided in sections 14.63 to 14.69; however,
5.20proceedings on a complaint filed under this section are not a contested case within the
5.21meaning of chapter 14 and are not otherwise governed by chapter 14.
5.22 Sec. 8. [611.368] COMPENSATING EXONERATED PERSONS.
5.23The compensation panel established in section 611.363 shall forward a final award
5.24of damages under section 611.365 to the commissioner of management and budget. The
5.25commissioner of management and budget shall submit the recommendations of the
5.26compensation panel to the legislature for consideration during the next session of the
5.27legislature.
5.28 Sec. 9. [611.369] SHORT TITLE.
5.29Sections 611.362 to 611.369 shall be cited as the Imprisonment and Exoneration
5.30Remedies Act.
5.31 Sec. 10. APPROPRIATION.
6.1$3,000 is appropriated in fiscal year 2015 from the general fund to the commissioner
6.2of management and budget for the operating costs of the compensation panel established
6.3in section 4 of this act.
1.3amending Minnesota Statutes 2012, sections 590.01, by adding a subdivision;
1.4609A.02, subdivision 3; proposing coding for new law in Minnesota Statutes,
1.5chapter 611.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 590.01, is amended by adding a
1.8subdivision to read:
1.9 Subd. 3a. Order regarding eligibility for compensation based on exoneration.
1.10(a) This subdivision applies to petitions based on innocence when the court vacates or
1.11reverses the judgment of conviction based on innocence, or orders a new trial because
1.12of new evidence of innocence and the state dismisses the charges or the defendant was
1.13found not guilty.
1.14(b) Upon motion of the petitioner or defendant or upon its own motion, the court
1.15shall determine whether the petitioner or defendant is entitled to a claim for compensation
1.16based on the elements under section 611.362, subdivision 1. If the court determines that
1.17the person is eligible, the court shall issue an order containing its finding and notify
1.18the petitioner or defendant of the right to file a claim for compensation under sections
1.19611.362 to 611.369 and provide the person with a copy of those sections. The person
1.20must acknowledge receipt of the notice and a copy of those sections in writing or on the
1.21record before the court.
1.22 Sec. 2. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:
1.23 Subd. 3. Certain criminal proceedings
1.24favor of defendant. (a) A petition may be filed under section
2.1relating to an arrest, indictment or information, trial, or verdict if the records are not
2.2subject to section
2.3proceedings were resolved in favor of the petitioner. For purposes of this chapter, a verdict
2.4of not guilty by reason of mental illness is not a resolution in favor of the petitioner.
2.5(b) For the purposes of this chapter, an action or proceeding is resolved in favor of
2.6the petitioner, if the petitioner was granted an order for relief based on innocence under
2.7section 590.01.
2.8 Sec. 3. [611.362] CLAIM FOR COMPENSATION FOR A PERSON WHO IS
2.9EXONERATED.
2.10 Subdivision 1. Elements. (a) For purposes of issuing an order under section 590.01,
2.11subdivision 3a, and awarding damages under sections 611.362 to 611.369, a claim for
2.12compensation arises if:
2.13(1) a person has been convicted of a crime and served any part of the imposed
2.14sentence in prison;
2.15(2) in cases where the person was convicted of multiple charges arising out of the
2.16same behavioral incident, the person was exonerated based on innocence for all of those
2.17charges;
2.18(3) the person did not commit or induce another person to commit perjury, or
2.19fabricate evidence to cause or bring about the conviction; and
2.20(4) the person was not serving a term of imprisonment for another crime at the same
2.21time, provided that if the person served additional time in prison due to the conviction that
2.22is the basis of the claim, the person may make a claim for that portion of time served in
2.23prison during which the person was serving no other sentence.
2.24(b) A claimant may make a claim only for that portion of time served in prison
2.25during which they were serving no other sentence.
2.26(c) A confession or admission later found to be false or a guilty plea to a crime the
2.27claimant did not commit does not constitute bringing about the claimant's conviction
2.28for purposes of paragraph (a), clause (3).
2.29 Subd. 2. Respondent; filing requirement. The state must be named as the
2.30respondent. A claimant shall serve the claim and all documents on the state through
2.31the Office of Minnesota Management and Budget and file the claim with the Supreme
2.32Court. The claim must include a copy of the order from the district court under section
2.33590.01, subdivision 3a.
2.34 Subd. 3. Agent for claimant. If the person entitled to file a claim is incapacitated
2.35and incapable of filing the claim or is a minor or nonresident of the state, the claim may be
3.1filed on behalf of the claimant by a court-appointed guardian, the parent or guardian of
3.2a minor, or an authorized agent.
3.3 Subd. 4. Statute of limitations. A claimant may commence a claim under this
3.4section within two years after the date the person is exonerated, provided that if the person
3.5does not receive the notice required under section 590.01, subdivision 3a, the person may
3.6commence a claim within three years of that date. An action by the state challenging or
3.7appealing the grant of judicial relief to the claimant tolls the two-year period. Persons
3.8released from custody on grounds consistent with innocence before the effective date of this
3.9section may commence an action under this section within two years of the effective date.
3.10 Sec. 4. [611.363] COMPENSATION PANEL.
3.11 Subdivision 1. Appointment. Within 30 business days after the claim is filed with
3.12the Supreme Court, the chief justice of the Supreme Court shall appoint a compensation
3.13panel of three attorneys or judges who are responsible for determining the amount of
3.14damages to be awarded. Members of the panel must have experience in legal issues
3.15involving the settlement of tort claims and the determination of damages or criminal
3.16justice and sentencing.
3.17 Subd. 2. Compensation of panel members. Members of the panel are entitled to
3.18the compensation authorized for members of boards under section 15.0575, subdivision 3.
3.19 Subd. 3. Payment of expenses. The state court administrator shall forward
3.20documentation of expenses and administrative costs of the panel to the commissioner of
3.21management and budget for payment of those amounts from appropriations available
3.22for this purpose.
3.23 Sec. 5. [611.364] PREHEARING SETTLEMENTS AND HEARING.
3.24 Subdivision 1. Prehearing settlements. The panel may set a prehearing settlement
3.25conference date. At this conference, the parties must make a good faith attempt to reach a
3.26settlement in the case. If the parties agree, they may present the panel with a joint motion
3.27for summary disposition and no further hearings are required. If a settlement document is
3.28approved by the panel, it has the same effect as an award under section 611.365, for all
3.29purposes of that section.
3.30 Subd. 2. Hearing. (a) If the parties are unable to reach a settlement, the panel must
3.31hold an evidentiary hearing and consider any evidence and argument submitted by the
3.32parties, including affidavits, documentation, and oral and written arguments. The panel is
3.33bound by any fact or damage amount established by the stipulation of the parties.
4.1(b) Hearings and records relating to the hearing are open to the public, except where,
4.2in the interest of justice, the panel orders a hearing closed or a record sealed.
4.3 Sec. 6. [611.365] DAMAGES.
4.4 Subdivision 1. General. A claimant is entitled to the damages provided for in
4.5this section.
4.6 Subd. 2. Monetary damages; attorney fees. (a) A claimant is entitled to not less
4.7than $50,000 for each year of imprisonment, and not less than $25,000 for each year
4.8served on supervised release or as a registered sex offender, to be prorated for partial years
4.9served. In addition, the claimant must be reimbursed for all restitution, assessments, fees,
4.10court costs, and other sums paid by the claimant as required by the judgment and sentence.
4.11In calculating additional monetary damages, the panel shall consider:
4.12(1) economic damages, including reasonable attorney fees, lost wages, reimbursement
4.13for costs associated with the claimant's criminal defense, and efforts to prove innocence;
4.14(2) reimbursement for medical and dental expenses that the claimant already incurred
4.15and future unpaid expenses expected to be incurred related to the claimant's imprisonment;
4.16(3) noneconomic damages for personal physical injuries or sickness and any
4.17nonphysical injuries or sickness incurred during or as a result of imprisonment;
4.18(4) reimbursement for any tuition and fees paid for each semester successfully
4.19completed by the claimant in an educational program, up to the equivalent value of a
4.20four-year degree at a public university, and reasonable reimbursement for employment
4.21skills and development training for the claimant as well as future unpaid costs for education
4.22and training not to exceed the anticipated cost of a four-year degree at a public university;
4.23(5) reimbursement for paid or unpaid child support payments owed by the claimant
4.24that became due, and interest on child support arrearages that accrued, during the time
4.25served in prison; and
4.26(6) reimbursement for paid or unpaid reintegrative expenses, if not provided for
4.27under section 611.367, for any reasonable costs incurred by the claimant for immediate
4.28services secured upon exoneration and release, including housing, transportation and
4.29subsistence, reintegrative services, and psychological, physical, and dental health care
4.30costs incurred by the claimant for the time period between release from wrongful
4.31imprisonment and the date of an award of damages under this section.
4.32(b) The panel shall award the claimant reasonable attorney fees incurred in bringing
4.33a claim under sections 611.362 to 611.369 and in obtaining an order of eligibility for
4.34compensation based on exoneration under chapter 590.
5.1 Subd. 3. No limit. There is no limit on the amount of damages that may be awarded
5.2under this section.
5.3 Subd. 4. Notice and acceptance of award. A claimant who is awarded damages
5.4under this section must be provided with a written notice of the award. A claimant's
5.5acceptance of an award, compromise, or settlement must be in writing and is final and
5.6conclusive on the claimant.
5.7 Subd. 5. Subsequent damage awards. Any future damages awarded to the
5.8claimant resulting from an action by the claimant against the state or a political subdivision
5.9of this state based on the same subject must be offset by the damage award received
5.10under this section.
5.11 Subd. 6. No offsets. The damage award must not be offset by:
5.12(1) any expenses incurred by the state or any political subdivision of the state,
5.13including expenses incurred to secure the claimant's custody or to feed, clothe, or provide
5.14medical services for the claimant; or
5.15(2) the value of any services or reduction in fees for services, or the value of services
5.16to be provided to the claimant that may be awarded to the claimant under this section.
5.17 Sec. 7. [611.366] JUDICIAL REVIEW.
5.18A party aggrieved by an award of damages under section 611.365 is entitled
5.19to judicial review of the decision as provided in sections 14.63 to 14.69; however,
5.20proceedings on a complaint filed under this section are not a contested case within the
5.21meaning of chapter 14 and are not otherwise governed by chapter 14.
5.22 Sec. 8. [611.368] COMPENSATING EXONERATED PERSONS.
5.23The compensation panel established in section 611.363 shall forward a final award
5.24of damages under section 611.365 to the commissioner of management and budget. The
5.25commissioner of management and budget shall submit the recommendations of the
5.26compensation panel to the legislature for consideration during the next session of the
5.27legislature.
5.28 Sec. 9. [611.369] SHORT TITLE.
5.29Sections 611.362 to 611.369 shall be cited as the Imprisonment and Exoneration
5.30Remedies Act.
5.31 Sec. 10. APPROPRIATION.
6.1$3,000 is appropriated in fiscal year 2015 from the general fund to the commissioner
6.2of management and budget for the operating costs of the compensation panel established
6.3in section 4 of this act.
