§ 54-102uu — Compensation for wrongful incarceration.

Connecticut § 54-102uu

• Jurisdiction: Connecticut
• Title 54: Criminal Procedure
• Ch. 961: Trial and Proceedings after Conviction

Text

(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 and 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 (A) vacated or reversed, and (B) the complaint or information dismissed on (i) grounds of innocence or grounds consistent with innocence, or (ii) a ground citing an act or omission that constitutes malfeasance or other serious misconduct by any officer, agent, employee or official of the state that contributed to such person's arrest, prosecution, conviction or incarceration. (3) For purposes of this subsection, “grounds consistent with innocence” includes, but is not limited to, a situation in which a conviction was vacated or reversed and there is substantial evidence of innocence, whether such evidence was available at the time of investigation or trial or is newly discovered. (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, the claimant shall have the burden of establishing by a preponderance of the evidence that such claimant meets the eligibility requirements of subsection (a) of this section. In addition, such claimant shall present evidence as to (1) the claimant's age, income, vocational training and level of education at the time of conviction, (2) loss of familial relationships, (3) damage to reputation, (4) the severity of the crime for which such claimant was convicted and whether such claimant was under a sentence of death pursuant to section 53a-46a for any period of time, (5) whether such claimant was required to register pursuant to section 54-251 or 54-252 , and for what length of time such claimant complied with the registration requirements of chapter 969, and (6) any other damages such claimant may have suffered arising from or related to such claimant's arrest, prosecution, conviction and incarceration. The Claims Commissioner shall determine whether a claimant meets such eligibility requirements not later than ninety days after such hearing. (d) (1) If the Claims Commissioner determines that such claimant has established such claimant's eligibility under subsection (a) of this section by a preponderance of the evidence, the Claims Commissioner shall order the immediate payment to such claimant of compensation for such wrongful incarceration in an amount determined pursuant to subdivision (2) of this subsection, unless (A) such compensation award is in an amount exceeding thirty-five thousand dollars, or (B) such claimant requests, in accordance with section 4-158 , that the General Assembly review such compensation award. The Claims Commissioner shall submit any such compensation award described in subparagraph (A) or (B) of this subdivision and the claim from which such award arose to the General Assembly in the same manner as provided under section 4-159 , not later than five business days after the commissioner issues such award determination or receives such request for review, whichever is sooner. The General Assembly shall review any such compensation award and the claim from which such award arose not later than forty-five days after such award and claim is submitted to the General Assembly and may deny or confirm such compensation award, or remand the claim to the Office of the Claims Commissioner for such further proceedings as the General Assembly may direct. If the General Assembly takes no action on such compensation award, the determination made by the Claims Commissioner shall be deemed confirmed. (2) (A) In determining the amount of such compensation, the Claims Commissioner shall award an amount that is two hundred per cent of the median family income for the state for each year the claimant was incarcerated, as determined by the United States Department of Housing and Urban Development, adjusted for inflation using the consumer price index for urban consumers, provided the amount for any partial year shall be prorated in order to compensate only for the portion of such year in which such claimant was incarcerated. The Claims Commissioner may decrease or increase the award amount by twenty-five per cent based on an assessment of relevant factors including, but not limited to, the evidence presented by the claimant under subdivisions (1) to (6), inclusive, of subsection (c) of this section. (B) The amount of any compensation awarded pursuant to this subdivision shall be offset by the amount of any damages awarded to the claimant resulting from an action by the claimant against any other unit of government within this state by reason of the same subject of the claim. (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. (f) Any claimant 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 claimant claiming compensation under this section based on a pardon that was granted or the dismissal of a complaint or information 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) Any person who is compensated pursuant to this section shall sign a release providing that such person voluntarily relinquishes any right to pursue any other action or remedy at law or in equity against the state that such person may have arising out of such wrongful conviction and incarceration. (h) Any damages awarded after an award pursuant to this section to the claimant resulting from an action by the claimant against any other unit of government within this state by reason of the same subject of the claim shall be offset by the amount of the compensation award received under this section. (i) If a claimant who is deceased would be entitled to compensation under this section if such claimant were living, including a claimant whose conviction was vacated or reversed posthumously, the claimant's estate is entitled to compensation under this section, provided such claimant's claim was pending before the Claims Commissioner at the time of such claimant's death. (j) Any compensation award and claim from which such award arose that is submitted by the Claims Commissioner to the General Assembly (1) when the General Assembly is not in a regular session, or (2) not more than thirty days before the end of a regular session and which is not acted upon dispositively before the end of such session, shall be deemed to be submitted on the first day of the next regular session. (k) The provisions of this section shall not apply to any agreement or stipulation pursuant to the provisions of section 3-125a .

Legislative History

(P.A. 08-143, S. 1; P.A. 16-127, S. 29; P.A. 24-106, S. 1.) History: P.A. 16-127 amended Subsec. (a)(1) by deleting “, of which the person was innocent,”, amended Subsec. (a)(2) by designating existing provision re complaint or information dismissed on grounds of innocence as Subpara. (A) and amending same to delete provision re complaint or information dismissed on ground consistent with innocence and by adding Subpara. (B) re complaint or information dismissed on ground citing act or omission that constitutes malfeasance or other serious misconduct by officer, agent, employee or official of the state, amended Subsec. (c) by replacing former provision re person to present evidence of damages suffered with Subdivs. (1) to (6) re same, amended Subsec. (d) by designating existing provisions re payment of compensation as Subdiv. (1), designating existing provisions re amount of compensation as Subdiv. (2) and substantially amending Subdivs. (1) and (2) including adding provisions re award amount and General Assembly to review compensation award, amended Subsec. (g) by deleting provisions re person's pursuit of action or remedy at law or in equity against the state and any political subdivision of the state and officer, agent, employee or official thereof and adding provision re person who is compensated to sign release, and made technical and conforming changes, effective June 9, 2016; P.A. 24-106 amended Subsec. (a) by redesignating language re a vacated or reversed conviction as Subdiv. (2)(A), redesignating existing Subdiv. (2)(A) as new Subdiv. (2)(B), redesignating language re grounds of innocence as Subdiv. (2)(B)(i) and amending same by adding provision re grounds consistent with innocence, redesignating existing Subdiv. (2)(B) as Subdiv. (2)(B)(ii) and adding Subdiv. (3) defining “grounds consistent with innocence”, amended Subsec. (c) by replacing references to person with references to claimant and adding provision requiring Claims Commissioner to determine eligibility not later than 90 days after hearing, substantially amended Subsec. (d) including raising award amount for which commissioner may direct immediate payment to $35,000, designating existing provisions in Subdiv. (2) as Subdiv. (2)(A) and adding Subdiv. (2)(B) re offset provision, amended Subsec. (e) by deleting provision re services to facilitate reintegration into the community, amended Subsec. (f) by replacing references to person with references to claimant and making a conforming change, amended Subsec. (g) by adding “against the state” and added Subsecs. (h) to (k) concerning provisions re offsets, deceased claimants, submission of awards to the General Assembly and lack of applicability of section to an agreement or stipulation pursuant to Sec. 3-125a, effective June 4, 2024, and applicable to claims pending before the Claims Commissioner on June 4, 2024, or filed with the Claims Commissioner on or after June 4, 2024.