Bill Text: FL S0122 | 2016 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Compensation of Victims of Wrongful Incarceration
Spectrum:
Status: (Failed) 2016-03-11 - Died in Messages [S0122 Detail]
Download: Florida-2016-S0122-Introduced.html
Bill Title: Compensation of Victims of Wrongful Incarceration
Spectrum:
Status: (Failed) 2016-03-11 - Died in Messages [S0122 Detail]
Download: Florida-2016-S0122-Introduced.html
Florida Senate - 2016 SB 122 By Senator Joyner 19-00033-16 2016122__ 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, pled 10 guilty or nolo contendere to, or was serving a 11 concurrent incarceration for, another violent felony; 12 amending s. 961.06, F.S.; providing that a wrongfully 13 incarcerated person who commits a violent felony, 14 rather than a felony law violation, which results in 15 revocation of parole or community supervision is 16 ineligible for compensation; reenacting s. 17 961.03(1)(a), (2), (3), and (4), F.S., relating to 18 determination of eligibility for compensation, to 19 incorporate the amendments made to s. 961.04, F.S., in 20 references thereto; reenacting s. 961.055(1), F.S., 21 relating to application for compensation for a 22 wrongfully incarcerated person and exemption from 23 application by nolle prosequi, to incorporate the 24 amendments made to s. 961.06, F.S., in references 25 thereto; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 961.02, Florida Statutes, is reordered 30 and amended to read: 31 961.02 Definitions.—As used in ss. 961.01-961.07, the term: 32 (1) “Act” means the Victims of Wrongful Incarceration 33 Compensation Act. 34 (2) “Department” means the Department of Legal Affairs. 35 (3) “Division” means the Division of Administrative 36 Hearings. 37 (7)(4)“Wrongfully incarcerated person” means a person 38 whose felony conviction and sentence have been vacated by a 39 court of competent jurisdiction and who is the subject of an 40 order issued by the original sentencing court pursuant to s. 41 961.03, with respect to whom pursuant to the requirements of s.42961.03,the original sentencing court has issueditsorder43 finding that the person did not commitneither committedthe act 44 ornor theoffense that served as the basis for the conviction 45 and incarceration and that the person did not aid, abet, or act 46 as an accomplice or accessory to a person who committed the act 47 or offense. 48 (4)(5)“Eligible for compensation” means that a person 49 meets the definition of the term “wrongfully incarcerated 50 person” and is not disqualified from seeking compensation under 51 the criteria prescribed in s. 961.04. 52 (5)(6)“Entitled to compensation” means that a person meets 53 the definition of the term “eligible for compensation” and 54 satisfies the application requirements prescribed in s. 961.05, 55 and may receive compensation pursuant to s. 961.06. 56 (6) “Violent felony” means a felony listed in s. 57 775.084(1)(c)1. or s. 948.06(8)(c). 58 Section 2. Section 961.04, Florida Statutes, is amended to 59 read: 60 961.04 Eligibility for compensation for wrongful 61 incarceration.—A wrongfully incarcerated person is not eligible 62 for compensation under the act if: 63 (1) Before the person’s wrongful conviction and 64 incarceration, the person was convicted of, or pled guilty or 65 nolo contendere to, regardless of adjudication, any violent 66 felonyoffense, or a crime committed in another jurisdiction the 67 elements of which would constitute a violent felony in this 68 state, or a crime committed against the United States which is 69 designated a violent felony, excluding any delinquency 70 disposition; 71 (2) During the person’s wrongful incarceration, the person 72 was convicted of, or pled guilty or nolo contendere to, 73 regardless of adjudication, any violent felonyoffense; or 74 (3) During the person’s wrongful incarceration, the person 75 was also serving a concurrent sentence for another felony for 76 which the person was not wrongfully convicted. 77 Section 3. Subsection (2) of section 961.06, Florida 78 Statutes, is amended to read: 79 961.06 Compensation for wrongful incarceration.— 80 (2) In calculating monetary compensation under paragraph 81 (1)(a), a wrongfully incarcerated person who is placed on parole 82 or community supervision while serving the sentence resulting 83 from the wrongful conviction and who commits anything less than 84 a violent felonylaw violationthat results in revocation of the 85 parole or community supervision is eligible for compensation for 86 the total number of years incarcerated. A wrongfully 87 incarcerated person who commits a violent felonylaw violation88 that results in revocation of the parole or community 89 supervision is ineligible for any compensation under subsection 90 (1). 91 Section 4. For the purpose of incorporating the amendments 92 made by this act to section 961.04, Florida Statutes, in 93 references thereto, paragraph (a) of subsection (1) and 94 subsections (2), (3), and (4) of section 961.03, Florida 95 Statutes, are reenacted to read: 96 961.03 Determination of status as a wrongfully incarcerated 97 person; determination of eligibility for compensation.— 98 (1)(a) In order to meet the definition of a “wrongfully 99 incarcerated person” and “eligible for compensation,” upon entry 100 of an order, based upon exonerating evidence, vacating a 101 conviction and sentence, a person must set forth the claim of 102 wrongful incarceration under oath and with particularity by 103 filing a petition with the original sentencing court, with a 104 copy of the petition and proper notice to the prosecuting 105 authority in the underlying felony for which the person was 106 incarcerated. At a minimum, the petition must: 107 1. State that verifiable and substantial evidence of actual 108 innocence exists and state with particularity the nature and 109 significance of the verifiable and substantial evidence of 110 actual innocence; and 111 2. State that the person is not disqualified, under the 112 provisions of s. 961.04, from seeking compensation under this 113 act. 114 (2) The prosecuting authority must respond to the petition 115 within 30 days. The prosecuting authority may respond: 116 (a) By certifying to the court that, based upon the 117 petition and verifiable and substantial evidence of actual 118 innocence, no further criminal proceedings in the case at bar 119 can or will be initiated by the prosecuting authority, that no 120 questions of fact remain as to the petitioner’s wrongful 121 incarceration, and that the petitioner is not ineligible from 122 seeking compensation under the provisions of s. 961.04; or 123 (b) By contesting the nature, significance, or effect of 124 the evidence of actual innocence, the facts related to the 125 petitioner’s alleged wrongful incarceration, or whether the 126 petitioner is ineligible from seeking compensation under the 127 provisions of s. 961.04. 128 (3) If the prosecuting authority responds as set forth in 129 paragraph (2)(a), the original sentencing court, based upon the 130 evidence of actual innocence, the prosecuting authority’s 131 certification, and upon the court’s finding that the petitioner 132 has presented clear and convincing evidence that the petitioner 133 committed neither the act nor the offense that served as the 134 basis for the conviction and incarceration, and that the 135 petitioner did not aid, abet, or act as an accomplice to a 136 person who committed the act or offense, shall certify to the 137 department that the petitioner is a wrongfully incarcerated 138 person as defined by this act. Based upon the prosecuting 139 authority’s certification, the court shall also certify to the 140 department that the petitioner is eligible for compensation 141 under the provisions of s. 961.04. 142 (4)(a) If the prosecuting authority responds as set forth 143 in paragraph (2)(b), the original sentencing court shall make a 144 determination from the pleadings and supporting documentation 145 whether, by a preponderance of the evidence, the petitioner is 146 ineligible for compensation under the provisions of s. 961.04, 147 regardless of his or her claim of wrongful incarceration. If the 148 court finds the petitioner ineligible under the provisions of s. 149 961.04, it shall dismiss the petition. 150 (b) If the prosecuting authority responds as set forth in 151 paragraph (2)(b), and the court determines that the petitioner 152 is eligible under the provisions of s. 961.04, but the 153 prosecuting authority contests the nature, significance or 154 effect of the evidence of actual innocence, or the facts related 155 to the petitioner’s alleged wrongful incarceration, the court 156 shall set forth its findings and transfer the petition by 157 electronic means through the division’s website to the division 158 for findings of fact and a recommended determination of whether 159 the petitioner has established that he or she is a wrongfully 160 incarcerated person who is eligible for compensation under this 161 act. 162 Section 5. For the purpose of incorporating the amendments 163 made by this act to section 961.06, Florida Statutes, in 164 references thereto, subsection (1) of section 961.055, Florida 165 Statutes, is reenacted to read: 166 961.055 Application for compensation for a wrongfully 167 incarcerated person; exemption from application by nolle 168 prosequi.— 169 (1) A person alleged to be a wrongfully incarcerated person 170 who was convicted and sentenced to death on or before December 171 31, 1979, is exempt from the application provisions of ss. 172 961.03, 961.04, and 961.05 in the determination of wrongful 173 incarceration and eligibility to receive compensation pursuant 174 to s. 961.06 if: 175 (a) The Governor issues an executive order appointing a 176 special prosecutor to review the defendant’s conviction; and 177 (b) The special prosecutor thereafter enters a nolle 178 prosequi for the charges for which the defendant was convicted 179 and sentenced to death. 180 Section 6. This act shall take effect October 1, 2016.