Bill Text: FL S0556 | 2017 | Regular Session | Introduced
Bill Title: Compensation of Victims of Wrongful Incarceration
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-05-05 - Died in Criminal Justice, companion bill(s) passed, see CS/SB 494 (Ch. 2017-120) [S0556 Detail]
Download: Florida-2017-S0556-Introduced.html
Florida Senate - 2017 SB 556 By Senator Bracy 11-00428-17 2017556__ 1 A bill to be entitled 2 An act relating to compensation of victims of wrongful 3 incarceration; reordering and amending s. 961.02, 4 F.S.; defining the term “violent felony”; amending s. 5 961.04, F.S.; providing that a person is disqualified 6 from receiving compensation under the Victims of 7 Wrongful Incarceration Compensation Act if, before or 8 during the person’s wrongful conviction and 9 incarceration, the person was convicted of, or pled 10 guilty or nolo contendere to, any violent felony; 11 amending s. 961.06, F.S.; specifying that a wrongfully 12 incarcerated person who is released from wrongful 13 incarceration to parole or community supervision and 14 who commits a violent felony, rather than a felony law 15 violation, resulting in revocation of the parole or 16 community supervision is ineligible for compensation; 17 reenacting s. 961.03(1)(a), (2), (3), and (4), F.S., 18 relating to determination of eligibility for 19 compensation, to incorporate the amendments made to s. 20 961.04, F.S., in references thereto; reenacting ss. 21 961.05(6), 961.055(1), and 961.056(4), F.S., relating 22 to the determination of entitlement to compensation, 23 the application for compensation for a wrongfully 24 incarcerated person and exemption from application by 25 nolle prosequi, and alternative application for 26 compensation for a wrongfully incarcerated person, 27 respectively, to incorporate the amendment made to s. 28 961.06, F.S., in references thereto; providing an 29 effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Section 961.02, Florida Statutes, is reordered 34 and amended to read: 35 961.02 Definitions.—As used in ss. 961.01-961.07, the term: 36 (1) “Act” means the Victims of Wrongful Incarceration 37 Compensation Act. 38 (2) “Department” means the Department of Legal Affairs. 39 (3) “Division” means the Division of Administrative 40 Hearings. 41 (7)(4)“Wrongfully incarcerated person” means a person 42 whose felony conviction and sentence have been vacated by a 43 court of competent jurisdiction and who is the subject of an 44 order issued by the original sentencing court pursuant to s. 45 961.03, with respect to whom pursuant to the requirements of s.46961.03,the original sentencing court has issueditsorder47 finding that the person did not commitneither committedthe act 48 ornor theoffense that served as the basis for the conviction 49 and incarceration and that the person did not aid, abet, or act 50 as an accomplice or accessory to a person who committed the act 51 or offense. 52 (4)(5)“Eligible for compensation” means that a person 53 meets the definition of the term “wrongfully incarcerated 54 person” and is not disqualified from seeking compensation under 55 the criteria prescribed in s. 961.04. 56 (5)(6)“Entitled to compensation” means that a person meets 57 the definition of the term “eligible for compensation” and 58 satisfies the application requirements prescribed in s. 961.05, 59 and may receive compensation pursuant to s. 961.06. 60 (6) “Violent felony” means a felony listed in s. 61 775.084(1)(c)1. or s. 948.06(8)(c). 62 Section 2. Section 961.04, Florida Statutes, is amended to 63 read: 64 961.04 Eligibility for compensation for wrongful 65 incarceration.—A wrongfully incarcerated person is not eligible 66 for compensation under the act if: 67 (1) Before the person’s wrongful conviction and 68 incarceration, the person was convicted of, or pled guilty or 69 nolo contendere to, regardless of adjudication, any violent 70 felonyoffense, or a crime committed in another jurisdiction the 71 elements of which would constitute a violent felony in this 72 state, or a crime committed against the United States which is 73 designated a violent felony, excluding any delinquency 74 disposition; 75 (2) During the person’s wrongful incarceration, the person 76 was convicted of, or pled guilty or nolo contendere to, 77 regardless of adjudication, any violent felonyoffense; or 78 (3) During the person’s wrongful incarceration, the person 79 was also serving a concurrent sentence for another felony for 80 which the person was not wrongfully convicted. 81 Section 3. Subsection (2) of section 961.06, Florida 82 Statutes, is amended to read: 83 961.06 Compensation for wrongful incarceration.— 84 (2) In calculating monetary compensation under paragraph 85 (1)(a), a wrongfully incarcerated person who is placed on parole 86 or community supervision while serving the sentence resulting 87 from the wrongful conviction and who commits anything less than 88 a violent felonylaw violationthat results in revocation of the 89 parole or community supervision is eligible for compensation for 90 the total number of years incarcerated. A wrongfully 91 incarcerated person who commits a violent felonylaw violation92 that results in revocation of the parole or community 93 supervision is ineligible for any compensation under subsection 94 (1). 95 Section 4. For the purpose of incorporating the amendments 96 made by this act to section 961.04, Florida Statutes, in 97 references thereto, paragraph (a) of subsection (1) and 98 subsections (2), (3), and (4) of section 961.03, Florida 99 Statutes, are reenacted to read: 100 961.03 Determination of status as a wrongfully incarcerated 101 person; determination of eligibility for compensation.— 102 (1)(a) In order to meet the definition of a “wrongfully 103 incarcerated person” and “eligible for compensation,” upon entry 104 of an order, based upon exonerating evidence, vacating a 105 conviction and sentence, a person must set forth the claim of 106 wrongful incarceration under oath and with particularity by 107 filing a petition with the original sentencing court, with a 108 copy of the petition and proper notice to the prosecuting 109 authority in the underlying felony for which the person was 110 incarcerated. At a minimum, the petition must: 111 1. State that verifiable and substantial evidence of actual 112 innocence exists and state with particularity the nature and 113 significance of the verifiable and substantial evidence of 114 actual innocence; and 115 2. State that the person is not disqualified, under the 116 provisions of s. 961.04, from seeking compensation under this 117 act. 118 (2) The prosecuting authority must respond to the petition 119 within 30 days. The prosecuting authority may respond: 120 (a) By certifying to the court that, based upon the 121 petition and verifiable and substantial evidence of actual 122 innocence, no further criminal proceedings in the case at bar 123 can or will be initiated by the prosecuting authority, that no 124 questions of fact remain as to the petitioner’s wrongful 125 incarceration, and that the petitioner is not ineligible from 126 seeking compensation under the provisions of s. 961.04; or 127 (b) By contesting the nature, significance, or effect of 128 the evidence of actual innocence, the facts related to the 129 petitioner’s alleged wrongful incarceration, or whether the 130 petitioner is ineligible from seeking compensation under the 131 provisions of s. 961.04. 132 (3) If the prosecuting authority responds as set forth in 133 paragraph (2)(a), the original sentencing court, based upon the 134 evidence of actual innocence, the prosecuting authority’s 135 certification, and upon the court’s finding that the petitioner 136 has presented clear and convincing evidence that the petitioner 137 committed neither the act nor the offense that served as the 138 basis for the conviction and incarceration, and that the 139 petitioner did not aid, abet, or act as an accomplice to a 140 person who committed the act or offense, shall certify to the 141 department that the petitioner is a wrongfully incarcerated 142 person as defined by this act. Based upon the prosecuting 143 authority’s certification, the court shall also certify to the 144 department that the petitioner is eligible for compensation 145 under the provisions of s. 961.04. 146 (4)(a) If the prosecuting authority responds as set forth 147 in paragraph (2)(b), the original sentencing court shall make a 148 determination from the pleadings and supporting documentation 149 whether, by a preponderance of the evidence, the petitioner is 150 ineligible for compensation under the provisions of s. 961.04, 151 regardless of his or her claim of wrongful incarceration. If the 152 court finds the petitioner ineligible under the provisions of s. 153 961.04, it shall dismiss the petition. 154 (b) If the prosecuting authority responds as set forth in 155 paragraph (2)(b), and the court determines that the petitioner 156 is eligible under the provisions of s. 961.04, but the 157 prosecuting authority contests the nature, significance or 158 effect of the evidence of actual innocence, or the facts related 159 to the petitioner’s alleged wrongful incarceration, the court 160 shall set forth its findings and transfer the petition by 161 electronic means through the division’s website to the division 162 for findings of fact and a recommended determination of whether 163 the petitioner has established that he or she is a wrongfully 164 incarcerated person who is eligible for compensation under this 165 act. 166 Section 5. For the purpose of incorporating the amendment 167 made by this act to section 961.06, Florida Statutes, in a 168 reference thereto, subsection (6) of section 961.05, Florida 169 Statutes, is reenacted to read: 170 961.05 Application for compensation for wrongful 171 incarceration; administrative expunction; determination of 172 entitlement to compensation.— 173 (6) If the department determines that a claimant meets the 174 requirements of this act, the wrongfully incarcerated person who 175 is the subject of the claim becomes entitled to compensation, 176 subject to the provisions in s. 961.06. 177 Section 6. For the purpose of incorporating the amendments 178 made by this act to section 961.06, Florida Statutes, in 179 references thereto, subsection (1) of section 961.055, Florida 180 Statutes, is reenacted to read: 181 961.055 Application for compensation for a wrongfully 182 incarcerated person; exemption from application by nolle 183 prosequi.— 184 (1) A person alleged to be a wrongfully incarcerated person 185 who was convicted and sentenced to death on or before December 186 31, 1979, is exempt from the application provisions of ss. 187 961.03, 961.04, and 961.05 in the determination of wrongful 188 incarceration and eligibility to receive compensation pursuant 189 to s. 961.06 if: 190 (a) The Governor issues an executive order appointing a 191 special prosecutor to review the defendant’s conviction; and 192 (b) The special prosecutor thereafter enters a nolle 193 prosequi for the charges for which the defendant was convicted 194 and sentenced to death. 195 Section 7. For the purpose of incorporating the amendment 196 made by this act to section 961.06, Florida Statutes, in a 197 reference thereto, subsection (4) of section 961.056, Florida 198 Statutes, is reenacted to read: 199 961.056 Alternative application for compensation for a 200 wrongfully incarcerated person.— 201 (4) If the department determines that a claimant making 202 application under this section meets the requirements of this 203 chapter, the wrongfully incarcerated person is entitled to 204 compensation under s. 961.06. 205 Section 8. This act shall take effect October 1, 2017.