|
SB 1023 - This act allows individuals who were wrongfully found guilty of a felony and later exonerated through the use of DNA profiling analysis to receive restitution. The individual may receive $50 for each day of post-conviction incarceration. The petition for payment of restitution may be filed with the sentencing court. This act allows only people found "actually innocent" to receive restitution. For the purposes of this act, "actually innocent" means: (1) The individual was convicted of a felony for which a final order of release was entered by the court; (2) All appeals of the order for release have been exhausted; (3) The individual was not serving a concurrent sentence for another crime, unless such individual was serving such a sentence because his or her parole was revoked by a court or the board of probation and parole in connection with the crime for which the person has been exonerated; and (4) Testing ordered under the statute allowing offenders to file a post-conviction motion for such testing or by the order of a court, if such person was exonerated on or before August 28, 2004, or testing ordered under the statute requiring mandatory DNA profiling analysis of all felony offenders, if the person was exonerated after August 28, 2004, demonstrates the person?s innocence. Any individual who receives such restitution shall be prohibited from seeking civil redress from the state or any political subdivision. The Department of Corrections will determine the aggregate amount of restitution owed during a fiscal year. If insufficient moneys are appropriated to pay restitution to such persons, the Department shall pay each individual a pro rata share of the available money. Provided funds are appropriated, the amounts owed such individual shall be paid June 30th of each year until the total amount of restitution has been paid. However, no individual shall receive more than $36,500 during each fiscal year. If a person undergoes DNA testing after filing a motion with the court for such testing, instead of as part of the mandatory DNA profiling analysis of all felony offenders, and the testing confirms the person's guilt, he or she can be sanctioned and held liable for the costs of the testing. A petition for payment of restitution may only be filed by the individual determined to be actually innocent or the individual's legal guardian. No claim or petition for restitution may be filed by the individual's heirs or assigns. An individual's right to receive restitution is not assignable or otherwise transferrable. The state's obligation to pay restitution shall cease upon the individual's death. Any beneficiary designation that purports to bequeath, assign, or otherwise convey the right to receive such restitution shall be void and unenforceable. SUSAN HENDERSON MOORE
|