Bill Text: FL S0346 | 2020 | Regular Session | Engrossed


Bill Title: Criminal Justice

Spectrum:

Status: (Engrossed - Dead) 2020-03-14 - Died on Calendar [S0346 Detail]

Download: Florida-2020-S0346-Engrossed.html
       CS for CS for SB 346                           Second Engrossed 
       
       
       
       
       
       
       
       
       2020346e2
       
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; amending s.
    3         893.13, F.S.; prohibiting the imprisonment for longer
    4         than a certain time for persons who possess, purchase,
    5         or possess with the intent to purchase less than
    6         specified amounts of certain substances; providing
    7         exceptions; amending s. 893.135, F.S.; authorizing a
    8         court to impose a sentence other than the mandatory
    9         minimum term of imprisonment and mandatory fine for a
   10         person convicted of trafficking if the court makes
   11         certain findings on the record; amending s. 961.03,
   12         F.S.; extending the filing deadline for a petition
   13         claiming wrongful incarceration; providing limited
   14         retroactivity for filing a petition claiming wrongful
   15         incarceration; providing that a deceased person’s
   16         heirs, successors, or assigns do not have standing to
   17         file a claim related to the wrongful incarceration of
   18         the deceased person; amending s. 961.04, F.S.;
   19         deleting eligibility requirements relating to a
   20         person’s conduct before the person’s wrongful
   21         conviction or incarceration; amending s. 961.06, F.S.;
   22         requiring the state to deduct the amount of a civil
   23         award from the state compensation amount owed if the
   24         claimant first receives a civil award; deleting a
   25         requirement that a wrongfully incarcerated person sign
   26         a liability release before receiving compensation;
   27         requiring a claimant to reimburse the state for any
   28         difference between state compensation and a civil
   29         award if the claimant receives statutory compensation
   30         prior to a civil award; deleting provisions
   31         prohibiting an application for compensation if the
   32         applicant has a pending civil suit requesting
   33         compensation; requiring a claimant to notify the
   34         Department of Legal Affairs upon filing a civil
   35         action; requiring the department to file a notice of
   36         payment of monetary compensation in the civil action;
   37         amending s. 893.03, F.S.; conforming a cross
   38         reference; reenacting ss. 961.02(4) and 961.03(1)(a),
   39         (2), (3), and (4), F.S., all relating to eligibility
   40         for compensation for wrongfully incarcerated persons;
   41         providing an effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Present subsection (10) of section 893.13,
   46  Florida Statutes, is redesignated as subsection (11), and a new
   47  subsection (10) is added to that section, to read:
   48         893.13 Prohibited acts; penalties.—
   49         (10) Notwithstanding chapter 921, any provision of this
   50  section, or any other law relating to the punishment for
   51  possessing, purchasing, or possessing with the intent to
   52  purchase a controlled substance, a person who possesses,
   53  purchases, or possesses with the intent to purchase any of the
   54  following substances may not be imprisoned for a term longer
   55  than 12 months:
   56         (a) One gram or less of a mixture or substance containing a
   57  detectable amount of heroin;
   58         (b) One gram or less of a mixture or substance containing a
   59  detectable amount of:
   60         1. Coca leaves, except coca leaves and extracts of coca
   61  leaves from which cocaine, ecgonine, and derivations of ecgonine
   62  or their salts have been removed;
   63         2. Cocaine, its salts, optical and geometric isomers, and
   64  salts of its isomers;
   65         3. Ecgonine, its derivatives, their salts, isomers, and
   66  salts of their isomers; or
   67         4. Any compound, mixture, or preparation of any of the
   68  substances described in subparagraph 1., subparagraph 2., or
   69  subparagraph 3.
   70         (c) One-tenth gram or less of a mixture or substance
   71  containing a detectable amount of phencyclidine (PCP);
   72         (d) Five-hundred micrograms or less of a mixture or
   73  substance containing a detectable amount of lysergic acid
   74  diethylamide (LSD); or
   75         (e) One gram or less of methamphetamine, its salts,
   76  isomers, and salts of its isomers, or one gram of a mixture or
   77  substance containing a detectable amount of methamphetamine, its
   78  salts, isomers, or salts of its isomers.
   79         Section 2. Present subsections (6) and (7) of section
   80  893.135, Florida Statutes, are redesignated as subsections (7)
   81  and (8), respectively, and a new subsection (6) is added to that
   82  section, to read:
   83         893.135 Trafficking; mandatory sentences; suspension or
   84  reduction of sentences; conspiracy to engage in trafficking.—
   85         (6) Notwithstanding any provision of this section, a court
   86  may impose a sentence for a violation of this section other than
   87  the mandatory minimum term of imprisonment and mandatory fine
   88  if, after the state has been afforded an opportunity on the
   89  record to make a recommendation, the court finds on the record
   90  that all of the following circumstances exist:
   91         (a) The defendant has no prior conviction for a forcible
   92  felony as defined in s. 776.08, has no prior conviction for
   93  trafficking in a controlled substance, and has a total prior
   94  record score of less than four points on his or her sentencing
   95  scoresheet.
   96         (b) The defendant did not use violence or credible threats
   97  of violence, or possess a firearm or other dangerous weapon, or
   98  induce another participant to use violence or credible threats
   99  of violence, in connection with the offense.
  100         (c) The offense did not result in the death of or serious
  101  bodily injury to any person.
  102         (d) The defendant was not an organizer, leader, manager, or
  103  supervisor of others in the offense and was not engaged in a
  104  continuing criminal enterprise as defined in s. 893.20.
  105         (e) At the time of the sentencing hearing or earlier, the
  106  defendant has truthfully provided to the state all information
  107  and evidence that he or she possesses concerning the offense or
  108  offenses that were part of the same course of conduct or of a
  109  common scheme or plan.
  110         (f) The defendant has not previously benefited from the
  111  application of this subsection.
  112  
  113  A court may not apply this subsection to an offense under this
  114  section which carries a mandatory minimum term of imprisonment
  115  of 7 years or more.
  116         Section 3. Paragraph (b) of subsection (1) of section
  117  961.03, Florida Statutes, is amended, and paragraph (c) is added
  118  to that subsection, to read:
  119         961.03 Determination of status as a wrongfully incarcerated
  120  person; determination of eligibility for compensation.—
  121         (1)
  122         (b) The person must file the petition with the court:
  123         1. Within 2 years after the order vacating a conviction and
  124  sentence becomes final and the criminal charges against the
  125  person are dismissed or the person is retried and found not
  126  guilty, if the person’s conviction and sentence is vacated on or
  127  after July 1, 2020.
  128         2. By July 1, 2022, if the person’s conviction and sentence
  129  was vacated and the criminal charges against the person were
  130  dismissed or the person was retried and found not guilty on or
  131  after July 1, 2008, but before July 1, 2020, and he or she
  132  previously filed a claim under this section that was dismissed
  133  or did not file a claim under this section because the:
  134         a. Date when the criminal charges against the person were
  135  dismissed or the date the person was acquitted upon retrial
  136  occurred more than 90 days after the date of the final order
  137  vacating the conviction and sentence; or
  138         b. Person was convicted of an unrelated felony before his
  139  or her wrongful conviction and incarceration and was previously
  140  barred under s. 961.04.
  141         1. Within 90 days after the order vacating a conviction and
  142  sentence becomes final if the person’s conviction and sentence
  143  is vacated on or after July 1, 2008.
  144         2. By July 1, 2010, if the person’s conviction and sentence
  145  was vacated by an order that became final prior to July 1, 2008.
  146         (c) A deceased person’s heirs, successors, or assigns do
  147  not have standing to file a claim on the deceased person’s
  148  behalf under this section.
  149         Section 4. Subsections (3), (4), and (5) of section 961.04,
  150  Florida Statutes, are renumbered as subsections (1), (2), and
  151  (3), respectively, and present subsections (1) and (2) of that
  152  section are amended, to read:
  153         961.04 Eligibility for compensation for wrongful
  154  incarceration.—A wrongfully incarcerated person is not eligible
  155  for compensation under the act if:
  156         (1) Before the person’s wrongful conviction and
  157  incarceration, the person was convicted of, or pled guilty or
  158  nolo contendere to, regardless of adjudication, any violent
  159  felony, or a crime committed in another jurisdiction the
  160  elements of which would constitute a violent felony in this
  161  state, or a crime committed against the United States which is
  162  designated a violent felony, excluding any delinquency
  163  disposition;
  164         (2) Before the person’s wrongful conviction and
  165  incarceration, the person was convicted of, or pled guilty or
  166  nolo contendere to, regardless of adjudication, more than one
  167  felony that is not a violent felony, or more than one crime
  168  committed in another jurisdiction, the elements of which would
  169  constitute a felony in this state, or more than one crime
  170  committed against the United States which is designated a
  171  felony, excluding any delinquency disposition;
  172         Section 5. Section 961.06, Florida Statutes, is amended to
  173  read:
  174         961.06 Compensation for wrongful incarceration.—
  175         (1) Except as otherwise provided in this act and subject to
  176  the limitations and procedures prescribed in this section, a
  177  person who is found to be entitled to compensation under the
  178  provisions of this act is entitled to:
  179         (a) Monetary compensation for wrongful incarceration, which
  180  shall be calculated at a rate of $50,000 for each year of
  181  wrongful incarceration, prorated as necessary to account for a
  182  portion of a year. For persons found to be wrongfully
  183  incarcerated after December 31, 2008, the Chief Financial
  184  Officer may adjust the annual rate of compensation for inflation
  185  using the change in the December-to-December “Consumer Price
  186  Index for All Urban Consumers” of the Bureau of Labor Statistics
  187  of the Department of Labor;
  188         (b) A waiver of tuition and fees for up to 120 hours of
  189  instruction at any career center established under s. 1001.44,
  190  any Florida College System institution as defined in s.
  191  1000.21(3), or any state university as defined in s. 1000.21(6),
  192  if the wrongfully incarcerated person meets and maintains the
  193  regular admission requirements of such career center, Florida
  194  College System institution, or state university; remains
  195  registered at such educational institution; and makes
  196  satisfactory academic progress as defined by the educational
  197  institution in which the claimant is enrolled;
  198         (c) The amount of any fine, penalty, or court costs imposed
  199  and paid by the wrongfully incarcerated person;
  200         (d) The amount of any reasonable attorney attorney’s fees
  201  and expenses incurred and paid by the wrongfully incarcerated
  202  person in connection with all criminal proceedings and appeals
  203  regarding the wrongful conviction, to be calculated by the
  204  department based upon the supporting documentation submitted as
  205  specified in s. 961.05; and
  206         (e) Notwithstanding any provision to the contrary in s.
  207  943.0583 or s. 943.0585, immediate administrative expunction of
  208  the person’s criminal record resulting from his or her wrongful
  209  arrest, wrongful conviction, and wrongful incarceration. The
  210  Department of Legal Affairs and the Department of Law
  211  Enforcement shall, upon a determination that a claimant is
  212  entitled to compensation, immediately take all action necessary
  213  to administratively expunge the claimant’s criminal record
  214  arising from his or her wrongful arrest, wrongful conviction,
  215  and wrongful incarceration. All fees for this process shall be
  216  waived.
  217  
  218  The total compensation awarded under paragraphs (a), (c), and
  219  (d) may not exceed $2 million. No further award for attorney
  220  attorney’s fees, lobbying fees, costs, or other similar expenses
  221  shall be made by the state.
  222         (2) In calculating monetary compensation under paragraph
  223  (1)(a), a wrongfully incarcerated person who is placed on parole
  224  or community supervision while serving the sentence resulting
  225  from the wrongful conviction and who commits no more than one
  226  felony that is not a violent felony which results in revocation
  227  of the parole or community supervision is eligible for
  228  compensation for the total number of years incarcerated. A
  229  wrongfully incarcerated person who commits one violent felony or
  230  more than one felony that is not a violent felony that results
  231  in revocation of the parole or community supervision is
  232  ineligible for any compensation under subsection (1).
  233         (3) Within 15 calendar days after issuing notice to the
  234  claimant that his or her claim satisfies all of the requirements
  235  under this act, the department shall notify the Chief Financial
  236  Officer to draw a warrant from the General Revenue Fund or
  237  another source designated by the Legislature in law for the
  238  purchase of an annuity for the claimant based on the total
  239  amount determined by the department under this act.
  240         (4) The Chief Financial Officer shall issue payment in the
  241  amount determined by the department to an insurance company or
  242  other financial institution admitted and authorized to issue
  243  annuity contracts in this state to purchase an annuity or
  244  annuities, selected by the wrongfully incarcerated person, for a
  245  term of not less than 10 years. The Chief Financial Officer is
  246  directed to execute all necessary agreements to implement this
  247  act and to maximize the benefit to the wrongfully incarcerated
  248  person. The terms of the annuity or annuities shall:
  249         (a) Provide that the annuity or annuities may not be sold,
  250  discounted, or used as security for a loan or mortgage by the
  251  wrongfully incarcerated person.
  252         (b) Contain beneficiary provisions for the continued
  253  disbursement of the annuity or annuities in the event of the
  254  death of the wrongfully incarcerated person.
  255         (5) If, at the time monetary compensation is determined
  256  under paragraph (1)(a), a court has previously entered a
  257  monetary judgment in favor of the claimant in a civil action
  258  related to the person’s wrongful incarceration, or the claimant
  259  has entered into a settlement agreement with the state or any
  260  political subdivision thereof related to the person’s wrongful
  261  incarceration, the amount of the damages in the civil action or
  262  settlement agreement, less any sums paid for attorney fees or
  263  for costs incurred in litigating the civil action or obtaining
  264  the settlement agreement, must be deducted from the total
  265  monetary compensation to which the claimant is entitled under
  266  this section Before the department approves the application for
  267  compensation, the wrongfully incarcerated person must sign a
  268  release and waiver on behalf of the wrongfully incarcerated
  269  person and his or her heirs, successors, and assigns, forever
  270  releasing the state or any agency, instrumentality, or any
  271  political subdivision thereof, or any other entity subject to s.
  272  768.28, from all present or future claims that the wrongfully
  273  incarcerated person or his or her heirs, successors, or assigns
  274  may have against such entities arising out of the facts in
  275  connection with the wrongful conviction for which compensation
  276  is being sought under the act.
  277         (6) If subsection (5) does not apply, and if after the time
  278  monetary compensation is determined under paragraph (1)(a) the
  279  court enters a monetary judgment in favor of the claimant in a
  280  civil action related to the person’s wrongful incarceration, or
  281  the claimant enters into a settlement agreement with the state
  282  or any political subdivision thereof related to the person’s
  283  wrongful incarceration, the claimant must reimburse the state
  284  for the monetary compensation in paragraph (1)(a), less any sums
  285  paid for attorney fees or costs incurred in litigating the civil
  286  action or obtaining the settlement agreement. A reimbursement
  287  required under this subsection shall not exceed the amount of
  288  the monetary award the claimant received for damages in a civil
  289  action or settlement agreement. The court shall include in the
  290  order of judgment an award to the state of any amount required
  291  to be deducted under this subsection.
  292         (6)(a) A wrongfully incarcerated person may not submit an
  293  application for compensation under this act if the person has a
  294  lawsuit pending against the state or any agency,
  295  instrumentality, or any political subdivision thereof, or any
  296  other entity subject to the provisions of s. 768.28, in state or
  297  federal court requesting compensation arising out of the facts
  298  in connection with the claimant’s conviction and incarceration.
  299         (7)(a) The claimant shall notify the department upon filing
  300  a civil action against the state or any political subdivision
  301  thereof in which the claimant is seeking monetary damages
  302  related to the claimant’s wrongful incarceration for which he or
  303  she previously received or is applying to receive compensation
  304  pursuant to paragraph (1)(a).
  305         (b) Upon notice of the claimant’s civil action, the
  306  department shall file in the case a notice of payment of
  307  monetary compensation to the claimant under paragraph (1)(a).
  308  The notice shall constitute a lien upon any judgment or
  309  settlement recovered under the civil action that is equal to the
  310  sum of monetary compensation paid to the claimant under
  311  paragraph (1)(a), less any attorney fees and litigation costs.
  312         (8)(a)(b) A wrongfully incarcerated person may not submit
  313  an application for compensation under this act if the person is
  314  the subject of a claim bill pending for claims arising out of
  315  the facts in connection with the claimant’s conviction and
  316  incarceration.
  317         (b)(c) Once an application is filed under this act, a
  318  wrongfully incarcerated person may not pursue recovery under a
  319  claim bill until the final disposition of the application.
  320         (c)(d)Any amount awarded under this act is intended to
  321  provide the sole compensation for any and all present and future
  322  claims arising out of the facts in connection with the
  323  claimant’s conviction and incarceration. Upon notification by
  324  the department that an application meets the requirements of
  325  this act, a wrongfully incarcerated person may not recover under
  326  a claim bill.
  327         (d)(e) Any compensation awarded under a claim bill shall be
  328  the sole redress for claims arising out of the facts in
  329  connection with the claimant’s conviction and incarceration and,
  330  upon any award of compensation to a wrongfully incarcerated
  331  person under a claim bill, the person may not receive
  332  compensation under this act.
  333         (9)(7) Any payment made under this act does not constitute
  334  a waiver of any defense of sovereign immunity or an increase in
  335  the limits of liability on behalf of the state or any person
  336  subject to the provisions of s. 768.28 or other law.
  337         Section 6. Paragraph (c) of subsection (3) of section
  338  893.03, Florida Statutes, is amended to read:
  339         893.03 Standards and schedules.—The substances enumerated
  340  in this section are controlled by this chapter. The controlled
  341  substances listed or to be listed in Schedules I, II, III, IV,
  342  and V are included by whatever official, common, usual,
  343  chemical, trade name, or class designated. The provisions of
  344  this section shall not be construed to include within any of the
  345  schedules contained in this section any excluded drugs listed
  346  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
  347  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
  348  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
  349  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
  350  Anabolic Steroid Products.”
  351         (3) SCHEDULE III.—A substance in Schedule III has a
  352  potential for abuse less than the substances contained in
  353  Schedules I and II and has a currently accepted medical use in
  354  treatment in the United States, and abuse of the substance may
  355  lead to moderate or low physical dependence or high
  356  psychological dependence or, in the case of anabolic steroids,
  357  may lead to physical damage. The following substances are
  358  controlled in Schedule III:
  359         (c) Unless specifically excepted or unless listed in
  360  another schedule, any material, compound, mixture, or
  361  preparation containing limited quantities of any of the
  362  following controlled substances or any salts thereof:
  363         1. Not more than 1.8 grams of codeine per 100 milliliters
  364  or not more than 90 milligrams per dosage unit, with an equal or
  365  greater quantity of an isoquinoline alkaloid of opium.
  366         2. Not more than 1.8 grams of codeine per 100 milliliters
  367  or not more than 90 milligrams per dosage unit, with recognized
  368  therapeutic amounts of one or more active ingredients which are
  369  not controlled substances.
  370         3. Not more than 300 milligrams of hydrocodone per 100
  371  milliliters or not more than 15 milligrams per dosage unit, with
  372  a fourfold or greater quantity of an isoquinoline alkaloid of
  373  opium.
  374         4. Not more than 300 milligrams of hydrocodone per 100
  375  milliliters or not more than 15 milligrams per dosage unit, with
  376  recognized therapeutic amounts of one or more active ingredients
  377  that are not controlled substances.
  378         5. Not more than 1.8 grams of dihydrocodeine per 100
  379  milliliters or not more than 90 milligrams per dosage unit, with
  380  recognized therapeutic amounts of one or more active ingredients
  381  which are not controlled substances.
  382         6. Not more than 300 milligrams of ethylmorphine per 100
  383  milliliters or not more than 15 milligrams per dosage unit, with
  384  one or more active, nonnarcotic ingredients in recognized
  385  therapeutic amounts.
  386         7. Not more than 50 milligrams of morphine per 100
  387  milliliters or per 100 grams, with recognized therapeutic
  388  amounts of one or more active ingredients which are not
  389  controlled substances.
  390  
  391  For purposes of charging a person with a violation of s. 893.135
  392  involving any controlled substance described in subparagraph 3.
  393  or subparagraph 4., the controlled substance is a Schedule III
  394  controlled substance pursuant to this paragraph but the weight
  395  of the controlled substance per milliliters or per dosage unit
  396  is not relevant to the charging of a violation of s. 893.135.
  397  The weight of the controlled substance shall be determined
  398  pursuant to s. 893.135(7) s. 893.135(6).
  399         Section 7. For the purpose of incorporating the amendment
  400  made by this act to section 961.04, Florida Statutes, in a
  401  reference thereto, subsection (4) of section 961.02, Florida
  402  Statutes, is reenacted to read:
  403         961.02 Definitions.—As used in ss. 961.01-961.07, the term:
  404         (4) “Eligible for compensation” means that a person meets
  405  the definition of the term “wrongfully incarcerated person” and
  406  is not disqualified from seeking compensation under the criteria
  407  prescribed in s. 961.04.
  408         Section 8. For the purpose of incorporating the amendments
  409  made by this act to section 961.04, Florida Statutes, in
  410  references thereto, paragraph (a) of subsection (1) and
  411  subsections (2), (3), and (4) of section 961.03, Florida
  412  Statutes, are reenacted to read:
  413         961.03 Determination of status as a wrongfully incarcerated
  414  person; determination of eligibility for compensation.—
  415         (1)(a) In order to meet the definition of a “wrongfully
  416  incarcerated person” and “eligible for compensation,” upon entry
  417  of an order, based upon exonerating evidence, vacating a
  418  conviction and sentence, a person must set forth the claim of
  419  wrongful incarceration under oath and with particularity by
  420  filing a petition with the original sentencing court, with a
  421  copy of the petition and proper notice to the prosecuting
  422  authority in the underlying felony for which the person was
  423  incarcerated. At a minimum, the petition must:
  424         1. State that verifiable and substantial evidence of actual
  425  innocence exists and state with particularity the nature and
  426  significance of the verifiable and substantial evidence of
  427  actual innocence; and
  428         2. State that the person is not disqualified, under the
  429  provisions of s. 961.04, from seeking compensation under this
  430  act.
  431         (2) The prosecuting authority must respond to the petition
  432  within 30 days. The prosecuting authority may respond:
  433         (a) By certifying to the court that, based upon the
  434  petition and verifiable and substantial evidence of actual
  435  innocence, no further criminal proceedings in the case at bar
  436  can or will be initiated by the prosecuting authority, that no
  437  questions of fact remain as to the petitioner’s wrongful
  438  incarceration, and that the petitioner is not ineligible from
  439  seeking compensation under the provisions of s. 961.04; or
  440         (b) By contesting the nature, significance, or effect of
  441  the evidence of actual innocence, the facts related to the
  442  petitioner’s alleged wrongful incarceration, or whether the
  443  petitioner is ineligible from seeking compensation under the
  444  provisions of s. 961.04.
  445         (3) If the prosecuting authority responds as set forth in
  446  paragraph (2)(a), the original sentencing court, based upon the
  447  evidence of actual innocence, the prosecuting authority’s
  448  certification, and upon the court’s finding that the petitioner
  449  has presented clear and convincing evidence that the petitioner
  450  committed neither the act nor the offense that served as the
  451  basis for the conviction and incarceration, and that the
  452  petitioner did not aid, abet, or act as an accomplice to a
  453  person who committed the act or offense, shall certify to the
  454  department that the petitioner is a wrongfully incarcerated
  455  person as defined by this act. Based upon the prosecuting
  456  authority’s certification, the court shall also certify to the
  457  department that the petitioner is eligible for compensation
  458  under the provisions of s. 961.04.
  459         (4)(a) If the prosecuting authority responds as set forth
  460  in paragraph (2)(b), the original sentencing court shall make a
  461  determination from the pleadings and supporting documentation
  462  whether, by a preponderance of the evidence, the petitioner is
  463  ineligible for compensation under the provisions of s. 961.04,
  464  regardless of his or her claim of wrongful incarceration. If the
  465  court finds the petitioner ineligible under the provisions of s.
  466  961.04, it shall dismiss the petition.
  467         (b) If the prosecuting authority responds as set forth in
  468  paragraph (2)(b), and the court determines that the petitioner
  469  is eligible under the provisions of s. 961.04, but the
  470  prosecuting authority contests the nature, significance or
  471  effect of the evidence of actual innocence, or the facts related
  472  to the petitioner’s alleged wrongful incarceration, the court
  473  shall set forth its findings and transfer the petition by
  474  electronic means through the division’s website to the division
  475  for findings of fact and a recommended determination of whether
  476  the petitioner has established that he or she is a wrongfully
  477  incarcerated person who is eligible for compensation under this
  478  act.
  479         Section 9. This act shall take effect July 1, 2020.

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