Sec. 54-102uu. Compensation for wrongful incarceration.
Sec. 54-102uu. Compensation for wrongful incarceration. (a) A person is eligible to receive compensation for wrongful incarceration if:
(1) Such person has been convicted by this state of one or more crimes, of which
the person was innocent, has been sentenced to a term of imprisonment for such crime
or crimes and has served all or part of such sentence; and
(2) Such person's conviction was vacated or reversed and the complaint or information dismissed on grounds of innocence, or the complaint or information dismissed on
a ground consistent with innocence.
(b) A person who meets the eligibility requirements of subsection (a) of this section
may present a claim against the state for such compensation with the Claims Commissioner in accordance with the provisions of chapter 53. The provisions of said chapter
shall be applicable to the presentment, hearing and determination of such claim except
as otherwise provided in this section.
(c) At the hearing on such claim, such person shall have the burden of establishing
by a preponderance of the evidence that such person meets the eligibility requirements
of subsection (a) of this section. In addition, such person shall present evidence as to
the damages suffered by such person which may include, but are not limited to, claims
for loss of liberty and enjoyment of life, loss of earnings, loss of earning capacity, loss
of familial relationships, loss of reputation, physical pain and suffering, mental pain
and suffering and attorney's fees and other expenses arising from or related to such
person's arrest, prosecution, conviction and incarceration.
(d) If the Claims Commissioner determines that such person has established such
person's eligibility under subsection (a) of this section by a preponderance of the evidence, the Claims Commissioner shall order the immediate payment to such person
of compensation for such wrongful incarceration. In determining the amount of such
compensation, the Claims Commissioner shall consider relevant factors including, but
not limited to, the evidence presented by the person under subsection (c) of this section
as to the damages suffered by such person and whether any negligence or misconduct
by any officer, agent, employee or official of the state or any political subdivision of
the state contributed to such person's arrest, prosecution, conviction or incarceration.
(e) In addition to the compensation paid under subsection (d) of this section, the
Claims Commissioner may order payment for the expenses of employment training and
counseling, tuition and fees at any constituent unit of the state system of higher education
and any other services such person may need to facilitate such person's reintegration
into the community.
(f) Any person claiming compensation under this section based on a pardon that
was granted or the dismissal of a complaint or information that occurred before October
1, 2008, shall file such claim not later than two years after October 1, 2008. Any person
claiming compensation under this section based on a pardon that was granted or the
dismissal of a complaint that occurred on or after October 1, 2008, shall file such claim
not later than two years after the date of such pardon or dismissal.
(g) Nothing in this section shall be construed to prevent such person from pursuing
any other action or remedy at law or in equity that such person may have against the
state and any political subdivision of the state and any officer, agent, employee or official
thereof arising out of such wrongful conviction and incarceration.
(P.A. 08-143, S. 1.)