Bill Text: MN SF2480 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Imprisonment and Exoneration Remedies Act
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-30 - HF substituted on General Orders HF2925 [SF2480 Detail]
Download: Minnesota-2013-SF2480-Introduced.html
Bill Title: Imprisonment and Exoneration Remedies Act
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-30 - HF substituted on General Orders HF2925 [SF2480 Detail]
Download: Minnesota-2013-SF2480-Introduced.html
1.2relating to public safety; compensating exonerated persons;amending Minnesota
1.3Statutes 2012, section 609A.02, subdivision 3; proposing coding for new law in
1.4Minnesota Statutes, chapter 611.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:
1.7 Subd. 3. Certain criminal proceedingsnot resulting in conviction resolved in
1.8favor of defendant. (a) A petition may be filed under section609A.03 to seal all records
1.9relating to an arrest, indictment or information, trial, or verdict if the records are not
1.10subject to section299C.11, subdivision 1 , paragraph (b), and if all pending actions or
1.11proceedings were resolved in favor of the petitioner. For purposes of this chapter, a verdict
1.12of not guilty by reason of mental illness is not a resolution in favor of the petitioner.
1.13(b) For the purposes of this section, an action or proceeding is resolved in favor of
1.14the petitioner, and the petitioner is entitled to have all records of arrest, indictment or
1.15information, and conviction sealed, if the petitioner was granted an award pursuant to
1.16section 611.367 or a notice of exoneration pursuant to section 611.364.
1.17 Sec. 2. [611.362] DEFINITIONS.
1.18 Subdivision 1. Application. The definitions in this section apply to sections 611.363
1.19to 611.372.
1.20 Subd. 2. On grounds consistent with innocence. "On grounds consistent with
1.21innocence" means a person was:
1.22(1) exonerated through a pardon or sentence commutation, based on innocence, for a
1.23crime or crimes for which the person was sentenced to imprisonment; or
2.1(2) exonerated because the judgment of conviction was vacated or reversed, based on
2.2new evidence of actual innocence, and either the complaint or indictment was dismissed,
2.3or if a new trial was held, the defendant was found not guilty.
2.4 Subd. 3. Office. "Office" means the Office of Administrative Hearings.
2.5 Sec. 3. [611.363] CLAIM FOR COMPENSATION FOR EXONEREES.
2.6 Subdivision 1. Elements. (a) A claim for compensation arises when a person:
2.7(1) has been convicted of a crime and served any part of the imposed sentence
2.8in prison;
2.9(2) was exonerated of the charges on grounds consistent with innocence;
2.10(3) did not commit any of the crimes for which relief is sought, or the acts or
2.11omissions in the complaint did not constitute a crime;
2.12(4) did not commit or suborn perjury, or fabricate evidence to cause or bring about
2.13the conviction; and
2.14(5) was not serving a different term of imprisonment on an alternate crime at the
2.15same time.
2.16(b) A claimant may make a claim only for that portion of time served in prison
2.17during which they were serving no other sentence.
2.18 Subd. 2. Respondent. The state shall be named as the respondent. A claimant shall
2.19serve the claim and all documents on the state through the attorney general.
2.20 Subd. 3. Agent for claimant. If the person entitled to file a claim is incapacitated
2.21and incapable of filing the claim, or if he or she is a minor, or is a nonresident of the state,
2.22the claim may be filed on behalf of the claimant by an authorized agent.
2.23 Subd. 4. Venue. Claimants must present all claims for relief under this section to
2.24the office.
2.25 Subd. 5. Statute of limitations. A claimant may commence a claim seeking relief
2.26under this section within two years after the date the person is exonerated or pardoned.
2.27Any action by the state challenging or appealing the grant of judicial relief to the claimant
2.28shall toll the two-year period. Persons released from custody on grounds consistent with
2.29innocence prior to the effective date of this section must commence an action under this
2.30section within two years of the effective date.
2.31 Sec. 4. [611.364] NOTICE.
2.32(a) If a district court or the pardon board relieves a person of the burden of a
2.33conviction on grounds consistent with innocence, the pardon board or district court shall
2.34provide a notice of exoneration and a copy of this act to the person.
3.1(b) The notice should include identifying information about the crime of conviction,
3.2a clear statement that the claimant was exonerated or pardoned on grounds consistent with
3.3innocence, and the signature of the secretary of the pardon board granting the pardon or
3.4commutation or a judge from the district court that vacated the conviction and granted
3.5the new trial.
3.6(c) The person granted relief must acknowledge receipt of the notice and copy of
3.7this act either in writing or on the record in district court.
3.8(d) The pardon board or district court that issued the notice shall file the notice with
3.9the court where the person was convicted for the underlying offense.
3.10(e) When a person who is granted judicial relief or a pardon based on innocence on
3.11or after the effective date of this act does not receive the notice required by this section,
3.12the person shall receive a one-year extension of the two-year time limit provided in
3.13section 611.363, subdivision 4.
3.14(f) The state court administrator shall make reasonable attempts to notify all persons
3.15exonerated from a prison sentence before the enactment of this act of their rights under
3.16this act.
3.17 Sec. 5. [611.365] PRIMA FACIE REVIEW.
3.18 Subdivision 1. Time for review. The chief administrative law judge must assign an
3.19administrative law judge to review a claim submitted under this act. Within 30 business
3.20days after the claim was filed with the office, when practicable, but never longer than 60
3.21days, the administrative law judge must make a preliminary decision for its disposition.
3.22 Subd. 2. Preliminary decision. (a) If the administrative law judge determines
3.23that the claim does not set forth a prima facie case for recovery pursuant to this act, the
3.24administrative law judge must dismiss the claim.
3.25(b) If the administrative law judge determines that the claim sets forth a prima facie
3.26case for recovery under this act, the administrative law judge must schedule an evidentiary
3.27hearing under section 611.366.
3.28 Subd. 3. Notice to parties. The office must notify the claimant and the state,
3.29through the attorney general, of the decision made under subdivision 2. If the claim is
3.30scheduled for a hearing, the notice must specify the time and place of the hearing and
3.31inform the parties that they may submit evidence, affidavits, documentation, and argument
3.32for consideration by the administrative law judge.
3.33 Subd. 4. Prehearing settlements. The office may set a prehearing settlement
3.34conference date. At this conference, the parties must make a good faith attempt to reach a
3.35settlement in the case. If the parties agree, they may present the assigned administrative
4.1law judge with a joint motion for summary disposition and no further hearings will be
4.2required. If a settlement document is signed by the administrative law judge, it will have
4.3the same effect as an award under this section for all purposes contemplated by this section.
4.4 Sec. 6. [611.366] EVIDENTIARY HEARING.
4.5When required by section 611.365, the administrative law judge must hold an
4.6evidentiary hearing and consider any evidence and argument submitted until the hearing
4.7record is closed, including affidavits, documentation, and oral and written arguments. The
4.8administrative law judge shall be bound by any fact:
4.9(1) established by the stipulation of the parties; or
4.10(2) found by the district court or the pardon board in making determinations under
4.11this section.
4.12All hearings and records relating to the hearing are open to the public, except
4.13where, in the interest of justice, the administrative law judge orders a hearing closed
4.14or a record sealed.
4.15 Sec. 7. [611.367] DISPOSITION.
4.16(a) The administrative law judge shall award damages to a claimant if the claimant
4.17proves by a preponderance of evidence that the claimant:
4.18(1) was convicted of a crime and served any part of the imposed sentence in prison;
4.19(2) was exonerated of the charges on grounds consistent with innocence which may
4.20be proven by an appropriately signed notice of exoneration from the secretary of the
4.21pardon board or district court pursuant to section 611.364;
4.22(3) did not commit any of the crimes for which relief is sought, or the acts or
4.23omissions charged in the complaint did not constitute a crime;
4.24(4) did not commit or suborn perjury, or fabricate evidence to cause or bring about
4.25the conviction; and
4.26(5) was not serving a different term of imprisonment on an alternate crime at the
4.27same time; however, if the claimant served additional time in prison due to the conviction
4.28that is the basis of this claim, the claimant may still make a claim for that portion of time
4.29served in prison during which they were serving no other sentence.
4.30(b) A confession or admission later found to be false or a guilty plea to a crime the
4.31claimant did not commit does not constitute bringing about the claimant's conviction
4.32for purposes of this act.
4.33(c) The administrative law judge shall dismiss the case if the claimant fails to meet
4.34the burden established in paragraph (a).
5.1 Sec. 8. [611.368] DAMAGES.
5.2 Subdivision 1. Damages. An administrative law judge shall award a person the
5.3relief provided for in this section if the judge finds that the claimant meets the criteria
5.4set out in section 611.367.
5.5 Subd. 2. Monetary damages. The judge shall award a claimant not less than
5.6$50,000 for each year of imprisonment, and not less than $25,000 for each year served on
5.7parole, probation, or as a registered sex offender, to be prorated for partial years served.
5.8In addition, the claimant shall be reimbursed for all restitution, assessments, fees, court
5.9costs, and all other sums paid by the claimant as required by the judgment and sentence.
5.10In calculating additional monetary damages, the administrative law judge shall also
5.11consider the following:
5.12(1) economic damages, including but not limited to attorney's fees, lost wages,
5.13reimbursement for costs associated with the claimant's criminal defense, and efforts to
5.14prove innocence;
5.15(2) reimbursement for medical and dental expenses that the claimant already
5.16incurred as well as future unpaid expenses expected to be incurred related to the claimant's
5.17imprisonment;
5.18(3) noneconomic damages for personal physical injuries or sickness and any
5.19nonphysical injuries or sickness incurred during or as a result of imprisonment;
5.20(4) reimbursement for any tuition and fees paid for each semester successfully
5.21completed by the claimant in an educational program up to the equivalent value of a
5.22four-year degree at a public university and reasonable reimbursement for employment
5.23skills and development training for the claimant as well as future unpaid costs for education
5.24and training not to exceed the anticipated cost of a four-year degree at a public university;
5.25(5) reimbursement for paid or unpaid child support payments owed by the claimant
5.26that became due, and interest on child support arrearages that accrued, during the time
5.27served in prison; and
5.28(6) reimbursement for paid or unpaid reintegrative expenses, if not provided for
5.29pursuant to section 611.371, for any reasonable costs incurred by claimant for immediate
5.30services secured upon exoneration and release, including housing, transportation and
5.31subsistence, reintegrative services, and psychological, physical, and dental health care
5.32costs incurred by the claimant for the time period between release from wrongful
5.33imprisonment and the date of an award of damages under this section.
5.34 Subd. 3. Maximum total amount. The maximum total amount of an award
5.35permitted under subdivision 2 may not exceed the maximum award amount allowed under
6.1section 3.736, subdivision 4. For purposes of determining when the claim arose, the claim
6.2for compensation under subdivision 2 arises when the exoneration occurs.
6.3 Subd. 4. Inflation. Inflation from the date of enactment as adjusted by the state
6.4auditor shall be considered to increase the minimum amounts and maximum amounts
6.5permitted by this subdivision.
6.6 Subd. 5. Attorney fees. The administrative law judge shall order reasonable
6.7attorneys' fees for bringing a claim under this act. These fees, exclusive of expenses, shall
6.8not exceed a reasonable amount, as adjusted by the state auditor to account for inflation
6.9from the date of enactment. These fees shall not be deducted from the compensation due
6.10claimant. If compensated under this section, claimant's counsel is not entitled to receive
6.11additional fees from the claimant. This claim for attorney fees shall belong to and be
6.12enforced solely by the claimant's attorney.
6.13 Subd. 6. Limitations. The damage award shall not be subject to treatment as gross
6.14income to a claimant under the applicable provisions of the state tax code. Any amount
6.15of the judgment that shall be awarded as attorney fees shall be taxable, if at all, only
6.16to the claimant's attorney.
6.17 Subd. 7. Notice and acceptance of award. A claimant who is awarded damages
6.18under this section shall be provided with a written notice of the award. The notice should
6.19include identifying information about the crime of conviction, a clear statement that the
6.20claimant received damages under this section on grounds consistent with innocence, and
6.21the signature of the administrative law judge granting the award. A claimant's acceptance
6.22of an award, compromise, or settlement shall be in writing and final and conclusive on
6.23the claimant.
6.24 Subd. 8. Subsequent damage awards. Any future damages awarded to the
6.25claimant resulting from an action by the claimant against any unit of government based on
6.26the same subject shall be offset by the damage award received under this act.
6.27 Subd. 9. No offsets. The damage award shall not be offset by:
6.28(1) any expenses incurred by the state or any political subdivision of the state
6.29including, but not limited to, expenses incurred to secure the claimant's custody or to feed,
6.30clothe, or provide medical services for claimant; or
6.31(2) the value of any services or reduction in fees for services, or the value thereof to
6.32be provided to the claimant that may be awarded to the claimant pursuant to this act.
6.33 Sec. 9. [611.369] RECONSIDERATION BY CHIEF ADMINISTRATIVE LAW
6.34JUDGE.
7.1(a) If the administrative law judge dismisses the claim without a hearing, the judge
7.2shall provide the claimant with written notice of the right to seek reconsideration of the
7.3decision by the chief administrative law judge.
7.4(b) A petition for reconsideration must be filed within 30 days after the dismissal.
7.5The chief administrative law judge must make a decision on the petition within 30 days
7.6after receiving the petition. If the chief administrative law judge determines that the
7.7assigned administrative law judge made an error, the chief administrative law judge shall
7.8grant the petition for reconsideration and schedule the claim for an evidentiary hearing
7.9within 30 days.
7.10 Sec. 10. [611.370] JUDICIAL REVIEW.
7.11A party aggrieved by a final decision on a claim filed under this section is entitled
7.12to judicial review of the decision as provided in sections 14.63 to 14.69; however,
7.13proceedings on a complaint filed under this section are not a contested case within the
7.14meaning of chapter 14 and are not otherwise governed by chapter 14.
7.15 Sec. 11. [611.371] IMMEDIATE SERVICES.
7.16 Subdivision 1. Eligibility. Upon judicial order by the district court, or a directive
7.17from the pardon board, releasing a defendant from prison on grounds consistent with
7.18innocence, the commissioner of corrections shall provide the services described in
7.19subdivision 2 for up to two years.
7.20 Subd. 2. Services. The commissioner must provide eligible claimants with basic
7.21services upon release, including but not limited to the following: housing; vocational
7.22training; transportation; subsistence monetary assistance; reintegrative services; and
7.23psychological, physical, and dental health care. The need for these services shall be
7.24determined through a review by the appropriate staff at the Department of Corrections in
7.25consultation with the Department of Human Services for the county where the claimant
7.26will reside, and provided by the appropriate state entities.
7.27 Subd. 3. Reimbursement for services. A claimant bringing an action for damages
7.28pursuant to section 611.368 may not receive reimbursement for any services provided at
7.29no cost to the claimant under subdivision 2.
7.30 Sec. 12. [611.372] SHORT TITLE.
7.31Sections 611.362 to 611.371 shall be cited as the Imprisonment and Exoneration
7.32Remedies Act.
1.3Statutes 2012, section 609A.02, subdivision 3; proposing coding for new law in
1.4Minnesota Statutes, chapter 611.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:
1.7 Subd. 3. Certain criminal proceedings
1.8favor of defendant. (a) A petition may be filed under section
1.9relating to an arrest, indictment or information, trial, or verdict if the records are not
1.10subject to section
1.11proceedings were resolved in favor of the petitioner. For purposes of this chapter, a verdict
1.12of not guilty by reason of mental illness is not a resolution in favor of the petitioner.
1.13(b) For the purposes of this section, an action or proceeding is resolved in favor of
1.14the petitioner, and the petitioner is entitled to have all records of arrest, indictment or
1.15information, and conviction sealed, if the petitioner was granted an award pursuant to
1.16section 611.367 or a notice of exoneration pursuant to section 611.364.
1.17 Sec. 2. [611.362] DEFINITIONS.
1.18 Subdivision 1. Application. The definitions in this section apply to sections 611.363
1.19to 611.372.
1.20 Subd. 2. On grounds consistent with innocence. "On grounds consistent with
1.21innocence" means a person was:
1.22(1) exonerated through a pardon or sentence commutation, based on innocence, for a
1.23crime or crimes for which the person was sentenced to imprisonment; or
2.1(2) exonerated because the judgment of conviction was vacated or reversed, based on
2.2new evidence of actual innocence, and either the complaint or indictment was dismissed,
2.3or if a new trial was held, the defendant was found not guilty.
2.4 Subd. 3. Office. "Office" means the Office of Administrative Hearings.
2.5 Sec. 3. [611.363] CLAIM FOR COMPENSATION FOR EXONEREES.
2.6 Subdivision 1. Elements. (a) A claim for compensation arises when a person:
2.7(1) has been convicted of a crime and served any part of the imposed sentence
2.8in prison;
2.9(2) was exonerated of the charges on grounds consistent with innocence;
2.10(3) did not commit any of the crimes for which relief is sought, or the acts or
2.11omissions in the complaint did not constitute a crime;
2.12(4) did not commit or suborn perjury, or fabricate evidence to cause or bring about
2.13the conviction; and
2.14(5) was not serving a different term of imprisonment on an alternate crime at the
2.15same time.
2.16(b) A claimant may make a claim only for that portion of time served in prison
2.17during which they were serving no other sentence.
2.18 Subd. 2. Respondent. The state shall be named as the respondent. A claimant shall
2.19serve the claim and all documents on the state through the attorney general.
2.20 Subd. 3. Agent for claimant. If the person entitled to file a claim is incapacitated
2.21and incapable of filing the claim, or if he or she is a minor, or is a nonresident of the state,
2.22the claim may be filed on behalf of the claimant by an authorized agent.
2.23 Subd. 4. Venue. Claimants must present all claims for relief under this section to
2.24the office.
2.25 Subd. 5. Statute of limitations. A claimant may commence a claim seeking relief
2.26under this section within two years after the date the person is exonerated or pardoned.
2.27Any action by the state challenging or appealing the grant of judicial relief to the claimant
2.28shall toll the two-year period. Persons released from custody on grounds consistent with
2.29innocence prior to the effective date of this section must commence an action under this
2.30section within two years of the effective date.
2.31 Sec. 4. [611.364] NOTICE.
2.32(a) If a district court or the pardon board relieves a person of the burden of a
2.33conviction on grounds consistent with innocence, the pardon board or district court shall
2.34provide a notice of exoneration and a copy of this act to the person.
3.1(b) The notice should include identifying information about the crime of conviction,
3.2a clear statement that the claimant was exonerated or pardoned on grounds consistent with
3.3innocence, and the signature of the secretary of the pardon board granting the pardon or
3.4commutation or a judge from the district court that vacated the conviction and granted
3.5the new trial.
3.6(c) The person granted relief must acknowledge receipt of the notice and copy of
3.7this act either in writing or on the record in district court.
3.8(d) The pardon board or district court that issued the notice shall file the notice with
3.9the court where the person was convicted for the underlying offense.
3.10(e) When a person who is granted judicial relief or a pardon based on innocence on
3.11or after the effective date of this act does not receive the notice required by this section,
3.12the person shall receive a one-year extension of the two-year time limit provided in
3.13section 611.363, subdivision 4.
3.14(f) The state court administrator shall make reasonable attempts to notify all persons
3.15exonerated from a prison sentence before the enactment of this act of their rights under
3.16this act.
3.17 Sec. 5. [611.365] PRIMA FACIE REVIEW.
3.18 Subdivision 1. Time for review. The chief administrative law judge must assign an
3.19administrative law judge to review a claim submitted under this act. Within 30 business
3.20days after the claim was filed with the office, when practicable, but never longer than 60
3.21days, the administrative law judge must make a preliminary decision for its disposition.
3.22 Subd. 2. Preliminary decision. (a) If the administrative law judge determines
3.23that the claim does not set forth a prima facie case for recovery pursuant to this act, the
3.24administrative law judge must dismiss the claim.
3.25(b) If the administrative law judge determines that the claim sets forth a prima facie
3.26case for recovery under this act, the administrative law judge must schedule an evidentiary
3.27hearing under section 611.366.
3.28 Subd. 3. Notice to parties. The office must notify the claimant and the state,
3.29through the attorney general, of the decision made under subdivision 2. If the claim is
3.30scheduled for a hearing, the notice must specify the time and place of the hearing and
3.31inform the parties that they may submit evidence, affidavits, documentation, and argument
3.32for consideration by the administrative law judge.
3.33 Subd. 4. Prehearing settlements. The office may set a prehearing settlement
3.34conference date. At this conference, the parties must make a good faith attempt to reach a
3.35settlement in the case. If the parties agree, they may present the assigned administrative
4.1law judge with a joint motion for summary disposition and no further hearings will be
4.2required. If a settlement document is signed by the administrative law judge, it will have
4.3the same effect as an award under this section for all purposes contemplated by this section.
4.4 Sec. 6. [611.366] EVIDENTIARY HEARING.
4.5When required by section 611.365, the administrative law judge must hold an
4.6evidentiary hearing and consider any evidence and argument submitted until the hearing
4.7record is closed, including affidavits, documentation, and oral and written arguments. The
4.8administrative law judge shall be bound by any fact:
4.9(1) established by the stipulation of the parties; or
4.10(2) found by the district court or the pardon board in making determinations under
4.11this section.
4.12All hearings and records relating to the hearing are open to the public, except
4.13where, in the interest of justice, the administrative law judge orders a hearing closed
4.14or a record sealed.
4.15 Sec. 7. [611.367] DISPOSITION.
4.16(a) The administrative law judge shall award damages to a claimant if the claimant
4.17proves by a preponderance of evidence that the claimant:
4.18(1) was convicted of a crime and served any part of the imposed sentence in prison;
4.19(2) was exonerated of the charges on grounds consistent with innocence which may
4.20be proven by an appropriately signed notice of exoneration from the secretary of the
4.21pardon board or district court pursuant to section 611.364;
4.22(3) did not commit any of the crimes for which relief is sought, or the acts or
4.23omissions charged in the complaint did not constitute a crime;
4.24(4) did not commit or suborn perjury, or fabricate evidence to cause or bring about
4.25the conviction; and
4.26(5) was not serving a different term of imprisonment on an alternate crime at the
4.27same time; however, if the claimant served additional time in prison due to the conviction
4.28that is the basis of this claim, the claimant may still make a claim for that portion of time
4.29served in prison during which they were serving no other sentence.
4.30(b) A confession or admission later found to be false or a guilty plea to a crime the
4.31claimant did not commit does not constitute bringing about the claimant's conviction
4.32for purposes of this act.
4.33(c) The administrative law judge shall dismiss the case if the claimant fails to meet
4.34the burden established in paragraph (a).
5.1 Sec. 8. [611.368] DAMAGES.
5.2 Subdivision 1. Damages. An administrative law judge shall award a person the
5.3relief provided for in this section if the judge finds that the claimant meets the criteria
5.4set out in section 611.367.
5.5 Subd. 2. Monetary damages. The judge shall award a claimant not less than
5.6$50,000 for each year of imprisonment, and not less than $25,000 for each year served on
5.7parole, probation, or as a registered sex offender, to be prorated for partial years served.
5.8In addition, the claimant shall be reimbursed for all restitution, assessments, fees, court
5.9costs, and all other sums paid by the claimant as required by the judgment and sentence.
5.10In calculating additional monetary damages, the administrative law judge shall also
5.11consider the following:
5.12(1) economic damages, including but not limited to attorney's fees, lost wages,
5.13reimbursement for costs associated with the claimant's criminal defense, and efforts to
5.14prove innocence;
5.15(2) reimbursement for medical and dental expenses that the claimant already
5.16incurred as well as future unpaid expenses expected to be incurred related to the claimant's
5.17imprisonment;
5.18(3) noneconomic damages for personal physical injuries or sickness and any
5.19nonphysical injuries or sickness incurred during or as a result of imprisonment;
5.20(4) reimbursement for any tuition and fees paid for each semester successfully
5.21completed by the claimant in an educational program up to the equivalent value of a
5.22four-year degree at a public university and reasonable reimbursement for employment
5.23skills and development training for the claimant as well as future unpaid costs for education
5.24and training not to exceed the anticipated cost of a four-year degree at a public university;
5.25(5) reimbursement for paid or unpaid child support payments owed by the claimant
5.26that became due, and interest on child support arrearages that accrued, during the time
5.27served in prison; and
5.28(6) reimbursement for paid or unpaid reintegrative expenses, if not provided for
5.29pursuant to section 611.371, for any reasonable costs incurred by claimant for immediate
5.30services secured upon exoneration and release, including housing, transportation and
5.31subsistence, reintegrative services, and psychological, physical, and dental health care
5.32costs incurred by the claimant for the time period between release from wrongful
5.33imprisonment and the date of an award of damages under this section.
5.34 Subd. 3. Maximum total amount. The maximum total amount of an award
5.35permitted under subdivision 2 may not exceed the maximum award amount allowed under
6.1section 3.736, subdivision 4. For purposes of determining when the claim arose, the claim
6.2for compensation under subdivision 2 arises when the exoneration occurs.
6.3 Subd. 4. Inflation. Inflation from the date of enactment as adjusted by the state
6.4auditor shall be considered to increase the minimum amounts and maximum amounts
6.5permitted by this subdivision.
6.6 Subd. 5. Attorney fees. The administrative law judge shall order reasonable
6.7attorneys' fees for bringing a claim under this act. These fees, exclusive of expenses, shall
6.8not exceed a reasonable amount, as adjusted by the state auditor to account for inflation
6.9from the date of enactment. These fees shall not be deducted from the compensation due
6.10claimant. If compensated under this section, claimant's counsel is not entitled to receive
6.11additional fees from the claimant. This claim for attorney fees shall belong to and be
6.12enforced solely by the claimant's attorney.
6.13 Subd. 6. Limitations. The damage award shall not be subject to treatment as gross
6.14income to a claimant under the applicable provisions of the state tax code. Any amount
6.15of the judgment that shall be awarded as attorney fees shall be taxable, if at all, only
6.16to the claimant's attorney.
6.17 Subd. 7. Notice and acceptance of award. A claimant who is awarded damages
6.18under this section shall be provided with a written notice of the award. The notice should
6.19include identifying information about the crime of conviction, a clear statement that the
6.20claimant received damages under this section on grounds consistent with innocence, and
6.21the signature of the administrative law judge granting the award. A claimant's acceptance
6.22of an award, compromise, or settlement shall be in writing and final and conclusive on
6.23the claimant.
6.24 Subd. 8. Subsequent damage awards. Any future damages awarded to the
6.25claimant resulting from an action by the claimant against any unit of government based on
6.26the same subject shall be offset by the damage award received under this act.
6.27 Subd. 9. No offsets. The damage award shall not be offset by:
6.28(1) any expenses incurred by the state or any political subdivision of the state
6.29including, but not limited to, expenses incurred to secure the claimant's custody or to feed,
6.30clothe, or provide medical services for claimant; or
6.31(2) the value of any services or reduction in fees for services, or the value thereof to
6.32be provided to the claimant that may be awarded to the claimant pursuant to this act.
6.33 Sec. 9. [611.369] RECONSIDERATION BY CHIEF ADMINISTRATIVE LAW
6.34JUDGE.
7.1(a) If the administrative law judge dismisses the claim without a hearing, the judge
7.2shall provide the claimant with written notice of the right to seek reconsideration of the
7.3decision by the chief administrative law judge.
7.4(b) A petition for reconsideration must be filed within 30 days after the dismissal.
7.5The chief administrative law judge must make a decision on the petition within 30 days
7.6after receiving the petition. If the chief administrative law judge determines that the
7.7assigned administrative law judge made an error, the chief administrative law judge shall
7.8grant the petition for reconsideration and schedule the claim for an evidentiary hearing
7.9within 30 days.
7.10 Sec. 10. [611.370] JUDICIAL REVIEW.
7.11A party aggrieved by a final decision on a claim filed under this section is entitled
7.12to judicial review of the decision as provided in sections 14.63 to 14.69; however,
7.13proceedings on a complaint filed under this section are not a contested case within the
7.14meaning of chapter 14 and are not otherwise governed by chapter 14.
7.15 Sec. 11. [611.371] IMMEDIATE SERVICES.
7.16 Subdivision 1. Eligibility. Upon judicial order by the district court, or a directive
7.17from the pardon board, releasing a defendant from prison on grounds consistent with
7.18innocence, the commissioner of corrections shall provide the services described in
7.19subdivision 2 for up to two years.
7.20 Subd. 2. Services. The commissioner must provide eligible claimants with basic
7.21services upon release, including but not limited to the following: housing; vocational
7.22training; transportation; subsistence monetary assistance; reintegrative services; and
7.23psychological, physical, and dental health care. The need for these services shall be
7.24determined through a review by the appropriate staff at the Department of Corrections in
7.25consultation with the Department of Human Services for the county where the claimant
7.26will reside, and provided by the appropriate state entities.
7.27 Subd. 3. Reimbursement for services. A claimant bringing an action for damages
7.28pursuant to section 611.368 may not receive reimbursement for any services provided at
7.29no cost to the claimant under subdivision 2.
7.30 Sec. 12. [611.372] SHORT TITLE.
7.31Sections 611.362 to 611.371 shall be cited as the Imprisonment and Exoneration
7.32Remedies Act.
