AN ACT relating to wrongful conviction compensation.

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AN ACT relating to wrongful conviction compensation. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 411 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, "claimant" means a person convicted and subsequently 5
imprisoned for one (1) or more crimes that the person did not commit. 6
(2) Notwithstanding any other provision of law, a claimant may bring an action in 7
the Circuit Court of the county in which the conviction occurred seeking 8
damages from the Commonwealth pursuant to this section. 9
(3) (a) In an action under this section, the claimant shall esta blish each of the 10
following by a preponderance of the evidence: 11
1. The claimant was convicted of a felony crime by the Commonwealth 12
and subsequently incarcerated; 13
2. a. The claimant's conviction was reversed or vacated, and either 14
the charges were dismissed or on retrial the court entered a 15
judgment of not guilty; or 16
b. The claimant was granted a full and unconditional pardon by 17
the Governor on grounds consistent with innocence; and 18
3. The claimant did not commit the crime for which the claimant was 19
convicted and was not an accessory or accomplice to the acts that were 20
the basis of the conviction. 21
(b) The court may give due consideration to difficulties of proof caused by 22
circumstances outside the control of the claimant, including but not limited 23
to the passage of time, the death or unavailability of witnesses, or the 24
destruction of evidence. 25
(4) (a) An action filed under this section shall be brought in accordance with the 26
Kentucky Rules of Civil Procedure and within two (2) years after: 27
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1. a. The claimant's conviction was reversed or vacated and the 1
criminal charges against the claimant were dismissed; 2
b. The court entered a judgment of not guilty on retrial; or 3
c. The appeals process has been exhausted; 4
whichever is later; or 5
2. The grant of a pardon to the claimant. 6
(b) An action filed under this section by a claimant w ho has been convicted, 7
imprisoned, and released from the custody of the Department of Corrections 8
before the effective date of this Act shall be brought no later than two (2) 9
years after the effective date of this Act. 10
(c) An action filed under this sectio n shall be served on the Attorney General 11
and the Commonwealth's attorney in the county where the conviction 12
occurred in accordance with the Kentucky Rules of Civil Procedure. 13
(5) (a) Subject to any adjustment made under paragraph (e) of this subsection, 14
damages awarded under this section shall be equal to: 15
1. Except as provided in paragraph (c) of this subsection: 16
a. Sixty-five thousand dollars ($65,000) for each year of 17
imprisonment; or 18
b. Seventy-five thousand dollars ($75,000) for each year of 19
imprisonment if the claimant was imprisoned with a death 20
sentence; and 21
2. Thirty-two thousand five hundred dollars ($32,500) for each 22
additional year: 23
a. Served on parole or postincarceration supervision; or 24
b. The claimant registered as a sex offender under KRS 17.510; 25
whichever is greater. 26
(b) Amounts awarded under paragraph (a) of this subsection shall be: 27
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1. Determined on a pro rata basis to the number of days the claimant 1
spent imprisoned or under supervision, or registered as a sex offender 2
under KRS 17.510; and 3
2. Issued as twenty -four (24) payments per year, to be made twice a 4
month, over a period of three (3) years. 5
(c) A claimant shall not receive compensation for any: 6
1. Period of incarceration that the claimant was concurrently serving 7
under a sentence; and 8
2. Period of time that the claimant was concurrently registered as a sex 9
offender under KRS 17.510; 10
for a conviction of another felony crime that the claimant committed. 11
(d) In addition to damages awarded pursuant to paragraph (a) of this 12
subsection, the claimant shall be entitled to: 13
1. Receive reasonable attorney's fees and costs incurred in the action 14
brought under this section not to exceed a total of twenty -five 15
thousand dollars ($25,000), unless a greater award is authorized by 16
the court upon a finding of good cause shown, not to exceed the 17
maximum hourly rate provided in the Legal Services Duties and 18
Maximum Rate Schedule promulgated by the Government Contract 19
Review Committee established pursuant to KRS 45A.705; 20
2. Receive a tuition waiver for up to one hundred twenty (120) credit 21
hours, and waiver of any mandatory fees associated with attendance, 22
at any public postsecondary educational institution in Kentucky; 23
3. Reimbursement for all restitution, assessments, fees, court costs, and 24
all other sums paid by the claimant, whether arising from the charge 25
that is the subject of an action under this section, as required by 26
pretrial orders, judgment of conviction, or se ntence in any proceeding 27
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that gave rise to the conviction, or arising from proceedings related to 1
the reversal or vacation of the conviction, or retrial following a 2
reversal; 3
4. Reimbursement for any reasonable reintegrative services and mental 4
and physica l health care costs incurred by the claimant for the time 5
period between his or her release from incarceration and the entry of 6
judgment under this section not to exceed twenty-five thousand dollars 7
($25,000), unless a greater award is authorized by the co urt upon a 8
finding of good cause shown; and 9
5. a. Satisfaction of: 10
i. Child support payments owed by the claimant that became 11
due, and the legal rate of interest on child support 12
arrearages that accrued, during the time the claimant was 13
incarcerated; and 14
ii. Any payments owed by the claimant under any order issued 15
under KRS 403.211. 16
b. The amounts owed under subdivision a. of this subparagraph 17
shall: 18
i. Notwithstanding the provisions of KRS 413.090, be 19
awarded to the party designated in the applicable order to 20
receive payments; and 21
ii. Not include any amounts accrued by the claimant prior to 22
his or her incarceration, which shall remain the obligation 23
of the claimant. 24
(e) 1. Beginning July 1, 2027, and every year thereafter, the Finance and 25
Administration Cabinet shall determine the percentage change in the 26
cost of living, based on the percent increase in the nonseasonally 27
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adjusted annual average Consumer Price Index for All Urban 1
Consumers, (CPI-U) U.S. City Average, All Items, between the two (2) 2
most recent calendar years available, as published by the United States 3
Bureau of Labor Statistics. 4
2. The Finance and Administration Cabinet shall adjust the amounts 5
under paragraph (a) of this subsection for the following calendar year 6
by multiplying the amounts ap plicable to the calendar year that the 7
adjustment is made by the percentage amount determined under this 8
paragraph. The adjustment shall not exceed three percent (3%) for 9
any year. The Finance and Administration Cabinet shall round the 10
adjusted limitation amount to the nearest one hundred dollars ($100), 11
but the unrounded amount shall be used to calculate the adjustments 12
to the amounts in subsequent calendar years. 13
3. The Finance and Administration Cabinet shall inform the 14
Administrative Office of the Courts of any adjustment made under this 15
paragraph as soon as practicable. 16
4. The adjusted amounts shall become effective on July 1 of the year in 17
which the adjustment is made, and apply to all claims filed under this 18
section on or after that date and before July 1 of the subsequent year. 19
(6) (a) If, at the time of entry of a judgment awarding damages under subsection 20
(5) of this section, the claimant has previously received a monetary award 21
against the Commonwealth or any political subdivision of the 22
Commonwealth in another civil action related to the wrongful conviction, or 23
has entered into a settlement agreement with the Commonwealth or any 24
political subdivision of the Commonwealth related to the wrongful 25
conviction, the amount of the award in the previous ci vil action or the 26
amount received in settlement, less any sums paid to attorneys or for costs 27
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in litigating the previous civil action or in obtaining the settlement, shall be 1
deducted from the sum of money that the claimant is entitled to receive 2
under this section. The court shall include in the judgment an offset to the 3
Commonwealth of any amount deducted pursuant to this subsection. 4
(b) If there has been no previous award or settlement under paragraph (a) of 5
this subsection and if, after the time of the entry of a judgment awarding 6
damages under subsection (5) of this section, the claimant receives a 7
monetary award against the Commonwealth or any political subdivision of 8
the Commonwealth in a civil action related to the wrongful conviction, or 9
enters into a settlement agreement with the Commonwealth or any political 10
subdivision of the Commonwealth related to the wrongful conviction, the 11
claimant shall reimburse the Commonwealth for the sum of money paid 12
under subsection (5) of this section, less any sums p aid to attorneys or for 13
costs in litigating the subsequent civil action or obtaining the settlement. 14
Any reimbursement required under this subsection shall not exceed the 15
amount of the monetary award the claimant receives for damages in the 16
civil action or the amount received in the settlement. 17
(7) If the court finds that the claimant is entitled to a judgment under subsection (5) 18
of this section, the court shall issue a certificate of innocence stating that the 19
claimant was innocent of all crimes of which the claimant was wrongfully 20
convicted. The court shall send a certified copy of the certificate of innocence and 21
the entry of judgment to the secretary of the Finance and Administration Cabinet 22
for payment in accordance with subsection (5) of this section. 23
(8) Upon entry of judgment and motion by the claimant, the court shall order the: 24
(a) Associated convictions and arrest records sealed and expunged from all 25
applicable state and federal systems regardless of whether the claimant has 26
prior criminal convictions; and 27
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(b) Expungement and destruction of the associated biological samples 1
authorized by and given to the Department of Kentucky State Police in 2
accordance with KRS 17.175. Nothing in this paragraph shall require the 3
Department of Kentucky State Police to expunge and destroy any samples or 4
profile records associated with the claimant that are related to any offense 5
other than the offense for which the court has issued a certificate of 6
innocence. 7
(9) Upon request by the claimant, the Department of Corrections shall pr ovide 8
reentry services to a claimant that are provided to other persons, including but 9
not limited to financial assistance, housing assistance, mentoring, and 10
counseling. Services shall be provided while an action under this section is 11
pending and after any judgment is entered, as appropriate for the claimant. 12
(10) Upon entry of any final judgment in the Circuit Court in an action under this 13
section, the judgment may be appealed directly to the Kentucky Supreme Court. 14
SECTION 2. A NEW SECTION OF KRS CHAPTER 411 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) There is hereby established in the State Treasury a trust and agency account to be 17
known as the wrongful conviction compensation fund. The fund shall consist of 18
moneys received from state appropriations, gifts, grants, and federal funds. 19
(2) The fund shall be administered by the Finance and Administration Cabinet. 20
(3) Amounts deposited in the fund shall be used to compensate individuals who have 21
been wrongfully convicted and are ent itled to compensation under Section 1 of 22
this Act and for no other purpose. 23
(4) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal 24
year shall not lapse but shall be carried forward into the next fiscal year. 25
(5) In the event the amount in the wrongful conviction compensation fund is 26
insufficient to compensate eligible individuals who have been wrongfully 27
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convicted and are entitled to compensation under Section 1 of this Act, the 1
unpaid claims shall be deemed a necessary government expense and shall be paid 2
from the general fund surplus account under KRS 48.700 or the budget reserve 3
trust fund account under KRS 48.705. 4