HB 352: "An Act relating to compensation for wrongful conviction and imprisonment."
00 HOUSE BILL NO. 352 01 "An Act relating to compensation for wrongful conviction and imprisonment." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 44.77.010(a) is amended to read: 04 (a) Except as provided in (d) of this section, every claim for reimbursement 05 for wrongful conviction and imprisonment, for money expended, or for 06 compensation for labor, materials, or supplies furnished, or services given to or for the 07 state, whether based on a contract or on a ratification, shall be promptly presented to 08 the appropriate administrative or executive officer for approval and payment. 09 * Sec. 2. AS 44.77 is amended by adding a new section to read: 10 Sec. 44.77.018. Claims for wrongful conviction and imprisonment. (a) A 11 claim under this section shall be presented to the attorney general. To obtain 12 compensation under this section for wrongful conviction and imprisonment, a person 13 shall show by a preponderance of the evidence that the person was convicted of one or 14 more offenses, was sentenced to a term of imprisonment, served all or any part of the 15 sentence, and
01 (1) the conviction on which the sentence was imposed was vacated or 02 reversed because the person was not guilty, the charges on which the conviction was 03 based were later dismissed or retried and the person found not guilty on retrial, or the 04 person was pardoned because of innocence and wrongful conviction; and 05 (2) the person did not 06 (A) commit any of the crimes charged in the criminal action in 07 which the person was convicted; 08 (B) commit perjury, induce another person to commit perjury, 09 or fabricate evidence in a manner that caused the conviction; in this section, a 10 false confession or admission or a guilty plea to a crime the person did not 11 commit does not constitute cause for conviction. 12 (b) A person is not entitled to compensation under this section for a period of 13 imprisonment for which the person was serving a concurrent sentence for another 14 crime to which this section does not apply. 15 (c) A person who meets the requirements of this section is entitled to 16 compensation in the amount of $50,000 multiplied by the number of years served in 17 prison, expressed as a fraction to reflect partial years, up to a maximum of $2,000,000. 18 (d) A person who receives compensation under this section may not bring any 19 action involving the same subject matter, including an action involving the person's 20 arrest, conviction, or length of confinement, against the state or a municipal 21 government or an official or employee of the state or a municipal government. 22 (e) A claim under this section must be filed within two years after the 23 subsequent dismissal, not guilty verdict, or pardon under (a) of this section, except that 24 the attorney general may authorize payment for a claim for wrongful imprisonment 25 not filed within two years if the person filing the claim shows good cause for the 26 delay. 27 * Sec. 3. AS 44.77.040(c) is amended to read: 28 (c) If the claimant does not accept the decision of the Department of 29 Administration, the claimant may obtain judicial review of the decision in accordance 30 with AS 44.62.560 - 44.62.570. Except for a claim for wrongful conviction and 31 imprisonment, a [A] claimant may also bring an action under AS 09.50.250 -
01 09.50.300 at any time after one year has elapsed since the presentation of the claim 02 under AS 44.77.010, if no decision has been made by the department. 03 * Sec. 4. AS 44.77.070 is amended to read: 04 Sec. 44.77.070. Applicability of AS 44.77.010 - 44.77.060. Except for a 05 claim for wrongful conviction and imprisonment, AS 44.77.010 - 44.77.060 do not 06 apply to a department in the executive branch or to the legislative or judicial branches 07 if that department or branch has adopted a mandatory claims and appeal procedure.