Compensation for Wrongfully Detained Persons.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 887

Short Title: Compensation for Wrongfully Detained Persons. (Public)
Sponsors: Senators Murdock and Theodros (Primary Sponsors).
Referred to: Rules and Operations of the Senate
April 29, 2026
*S887-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW FOR THE AWARD OF COMPENSATION TO PERSONS WHO THE 2
COURT FINDS WERE UNL AWFULLY DETAINED BY THE STATE OR A LOCAL 3
POLITICAL SUBDIVISION OF THE STATE. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. Chapter 7A of the General Statutes is amended by adding a new Article 6
to read: 7
"Article 64. 8
"Compensation to Persons Erroneously Detained. 9
"§ 7A-810. Provision for compensation. 10
(a) Notwithstanding any provision of law to the contrary, a ny person who, having been 11
civilly or criminally detained by the State or a local political subdivision of the State , and who 12
was thereafter found by a court to have been unlawfully detained , may as hereinafter provided 13
present by petition a claim against the State or the local political subdivision of the State for the 14
pecuniary loss sustained by the person through his or her erroneous detention, provided the 15
petition is presented within five years of the court's finding. 16
(b) This Article does not apply to any person petitioning for compensation under 17
G.S. 148-82. 18
"§ 7A-811. Form, requisites and contents of petition; nature of hearing. 19
Such petition shall be addressed to the Industrial Commission and must include a full 20
statement of the facts upon which the claim is based, verified in the manner provided for verifying 21
complaints in civil actions, and it may be supported by affidavits substantiating such claim. Upon 22
its presentation, the Industrial Commission shall fix a time and a place for a hearing, shall mail 23
notice to the claimant, and shall notify the Attorney General or the attorney representing the local 24
political subdivision of the State, at least 15 days before the time fixed therefor. 25
"§ 7A-812. Evidence; action by Industrial Commission; payment and amount of 26
compensation. 27
(a) At the hearing , the claimant may introduce evidence in the form of affidavits or 28
testimony to support the claim, and the Attorney General or the attorney representing the local 29
political subdivision of the State may introduce counter a ffidavits or testimony in refutation. If 30
the Industrial Commission finds from the evidence that the claimant was unlawfully detained and 31
suffered harm as a result of the unlawful detention, the Industrial Commission shall award to the 32
claimant an amount equal to fifty thousand dollars ($50,000) for each year or the pro rata amount 33
for the portion of each year of the detention, including any time spent awaiting trial. However, 34
(i) in no event shall the compensation, including the compensation provided in subsection (b) of 35
this section, exceed a total amount of seven hundred fifty thousand dollars ($750,000) and (ii) a 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 887-First Edition
claimant is not entitled to compensation for any portion of a detention during which the claimant 1
was also concurrently detained for a lawful purpose. 2
The Director of the Budget shall pay the amount of the award to the claimant out of the 3
Contingency and Emergency Fund or out of any other available State funds. The Industrial 4
Commission shall give written notice of its decision to all parties co ncerned. The determination 5
of the Industrial Commission shall be subject to judicial review upon appeal of the claimant or 6
the State according to the provisions and procedures set forth in Article 31 of Chapter 143 of the 7
General Statutes. 8
(b) In addition to the compensation provided under subsection (a) of this section, the 9
Industrial Commission shall determine the extent to which the detention has deprived a claimant 10
of educational or training opportunities and, based upon those findings, may award any or all of 11
the following compensation for loss of life opportunities: 12
(1) Job skills training for at least one year through an appropriate State program. 13
(2) Expenses for tuition and fees at any public North Carolina community college 14
or constituent institution of The University of North Carolina for any degree 15
or program of the claimant's choice that is available from one or more of the 16
applicable institutions. Claimants are also entitled to assistance in meeting any 17
admission standards or criteria required at any of those institutions, including 18
assistance in satisfying requirements for a certificate of equivalency of 19
completion of secondary education. A claimant may apply for aid under this 20
subdivision within 10 years of the claimant 's release from detention, and aid 21
shall continue for up to a total of five years when initiated within the 10 -year 22
period, provided the claimant makes satisfactory progress in the courses or 23
degree program in which the claimant is enrolled. 24
(3) Any lost wages or other lost benefi ts that were proximately caused by the 25
detention." 26
SECTION 2. There is appropriated from the General Fund to the Contingency and 27
Emergency Fund established in G.S. 143C-4-4 the sum of one million dollars ($1,000,000) in 28
nonrecurring funds to be used for any compensation awarded under Article 64 of Chapter 7A of 29
the General Statutes, as enacted by Section 1 of this act. 30
SECTION 3. Section 2 of this act becomes effective July 1, 2026. The remainder of 31
this act is effective retroactive to October 1, 2021, and applies to detentions occurring on or after 32
that date. 33