HB 640

Abstract

Wrongful incarceration; compensation. Provides that any person who is convicted of a felony by a county or city circuit court of the Commonwealth and is wrongfully incarcerated for such felony shall receive, in addition to the compensation for wrongful incarceration specified under current law, not less than $30,000 for each year or fraction thereof (i) of imprisonment after being sentenced to death or (ii) that such person was required to register with the Sex Offender and Crimes Against Minors Registry. The bill further requires that the amount paid to the person wrongfully incarcerated shall be in the form of a lump sum; under current law, only the initial 25 percent of an award is required to be paid in lump sum form.The bill further removes the bar against receiving compensation if such wrongfully incarcerated person received any funds pursuant to a settlement agreement with any person or entity for compensation or damages arising out of the factual situation in connection with the conviction. The bill replaces such requirement with a provision allowing for the wrongful incarceration compensation award to be offset by any such award in a civil action or settlement.

Wrongful incarceration; compensation. Provides that any person who is convicted of a felony by a county or city circuit court of the Commonwealth and is wrongfully incarcerated for such felony shall receive, in addition to the compensation for wrongful incarceration specified under current law, not less than $30,000 for each year or fraction thereof (i) of imprisonment after being sentenced to death, (ii) served on parole or postrelease supervision, or (iii) that such person was required to register with the Sex Offender and Crimes Against Minors Registry. The bill further requires that the amount paid to the person wrongfully incarcerated shall be in the form of a lump sum; under current law, only the initial 25 percent of an award is required to be paid in lump sum form.The bill further removes (a) the requirement that a wrongfully incarcerated person who is compensated is required to execute a release and waiver releasing the Commonwealth or political subdivision thereof from any present or future claims the person receiving compensation may have against such entity and arising out of the factual situation in connection with the conviction for which compensation is being sought and (b) the bar against receiving compensation if such wrongfully incarcerated person received any funds pursuant to a settlement agreement with any person or entity for compensation or damages arising out of the factual situation in connection with the conviction. The bill replaces such requirement with a provision allowing for the wrongful incarceration compensation award to be offset by any such award in a civil action or settlement.