Bill Text: FL S1670 | 2012 | Regular Session | Introduced


Bill Title: Compensation of Victims of Wrongful Incarceration

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Criminal Justice [S1670 Detail]

Download: Florida-2012-S1670-Introduced.html
       Florida Senate - 2012                                    SB 1670
       
       
       
       By Senator Joyner
       
       
       
       
       18-01495-12                                           20121670__
    1                        A bill to be entitled                      
    2         An act relating to compensation of victims of wrongful
    3         incarceration; amending s. 961.02, F.S.; defining the
    4         term “violent felony”; amending s. 961.04, F.S.;
    5         providing that a person is disqualified from receiving
    6         compensation under the Victims of Wrongful
    7         Incarceration Compensation Act if, before or after the
    8         person’s wrongful conviction and incarceration, the
    9         person was convicted of or pled guilty or nolo
   10         contendere to a violent felony; amending s. 961.06,
   11         F.S.; providing that a wrongfully incarcerated person
   12         who commits a violent felony law violation that
   13         results in revocation of parole or community
   14         supervision is ineligible for compensation; reenacting
   15         s. 961.03(1)(a), (2), (3), and (4), F.S., relating to
   16         determination of status as a wrongfully incarcerated
   17         person and determination of eligibility for
   18         compensation; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 961.02, Florida Statutes, is amended to
   23  read:
   24         961.02 Definitions.—As used in ss. 961.01-961.07, the term:
   25         (1) “Act” means the Victims of Wrongful Incarceration
   26  Compensation Act.
   27         (2) “Department” means the Department of Legal Affairs.
   28         (3) “Division” means the Division of Administrative
   29  Hearings.
   30         (4) “Wrongfully incarcerated person” means a person whose
   31  felony conviction and sentence have been vacated by a court of
   32  competent jurisdiction and, with respect to whom pursuant to the
   33  requirements of s. 961.03, the original sentencing court has
   34  issued its order finding that the person neither committed the
   35  act nor the offense that served as the basis for the conviction
   36  and incarceration and that the person did not aid, abet, or act
   37  as an accomplice or accessory to a person who committed the act
   38  or offense.
   39         (5) “Eligible for compensation” means a person meets the
   40  definition of the term “wrongfully incarcerated person” and is
   41  not disqualified from seeking compensation under the criteria
   42  prescribed in s. 961.04.
   43         (6) “Entitled to compensation” means a person meets the
   44  definition of the term “eligible for compensation” and satisfies
   45  the application requirements prescribed in s. 961.05, and may
   46  receive compensation pursuant to s. 961.06.
   47         (7) “Violent felony” means a felony offense enumerated in
   48  s. 775.084(1)(c)1. or s. 948.06(8)(c).
   49         Section 2. Section 961.04, Florida Statutes, is amended to
   50  read:
   51         961.04 Eligibility for compensation for wrongful
   52  incarceration.—A wrongfully incarcerated person is not eligible
   53  for compensation under the act if:
   54         (1) Before the person’s wrongful conviction and
   55  incarceration, the person was convicted of, or pled guilty or
   56  nolo contendere to, regardless of adjudication, any violent
   57  felony offense, or a crime committed in another jurisdiction the
   58  elements of which would constitute a violent felony in this
   59  state, or a crime committed against the United States which is
   60  designated a violent felony, excluding any delinquency
   61  disposition;
   62         (2) During the person’s wrongful incarceration, the person
   63  was convicted of, or pled guilty or nolo contendere to,
   64  regardless of adjudication, any violent felony offense; or
   65         (3) During the person’s wrongful incarceration, the person
   66  was also serving a concurrent sentence for another felony for
   67  which the person was not wrongfully convicted.
   68         Section 3. Subsection (2) of section 961.06, Florida
   69  Statutes, is amended to read:
   70         961.06 Compensation for wrongful incarceration.—
   71         (2) In calculating monetary compensation under paragraph
   72  (1)(a), a wrongfully incarcerated person who is placed on parole
   73  or community supervision while serving the sentence resulting
   74  from the wrongful conviction and who commits anything less than
   75  a violent felony law violation that results in revocation of the
   76  parole or community supervision is eligible for compensation for
   77  the total number of years incarcerated. A wrongfully
   78  incarcerated person who commits a violent felony law violation
   79  that results in revocation of the parole or community
   80  supervision is ineligible for any compensation under subsection
   81  (1).
   82         Section 4. For the purpose of incorporating the amendment
   83  made by this act to section 961.04, Florida Statutes, in a
   84  reference thereto, paragraph (a) of subsection (1) and
   85  subsections (2), (3), and (4) of section 961.03, Florida
   86  Statutes, are reenacted to read:
   87         961.03 Determination of status as a wrongfully incarcerated
   88  person; determination of eligibility for compensation.—
   89         (1)(a) In order to meet the definition of a “wrongfully
   90  incarcerated person” and “eligible for compensation,” upon entry
   91  of an order, based upon exonerating evidence, vacating a
   92  conviction and sentence, a person must set forth the claim of
   93  wrongful incarceration under oath and with particularity by
   94  filing a petition with the original sentencing court, with a
   95  copy of the petition and proper notice to the prosecuting
   96  authority in the underlying felony for which the person was
   97  incarcerated. At a minimum, the petition must:
   98         1. State that verifiable and substantial evidence of actual
   99  innocence exists and state with particularity the nature and
  100  significance of the verifiable and substantial evidence of
  101  actual innocence; and
  102         2. State that the person is not disqualified, under the
  103  provisions of s. 961.04, from seeking compensation under this
  104  act.
  105         (2) The prosecuting authority must respond to the petition
  106  within 30 days. The prosecuting authority may respond:
  107         (a) By certifying to the court that, based upon the
  108  petition and verifiable and substantial evidence of actual
  109  innocence, no further criminal proceedings in the case at bar
  110  can or will be initiated by the prosecuting authority, that no
  111  questions of fact remain as to the petitioner’s wrongful
  112  incarceration, and that the petitioner is not ineligible from
  113  seeking compensation under the provisions of s. 961.04; or
  114         (b) By contesting the nature, significance, or effect of
  115  the evidence of actual innocence, the facts related to the
  116  petitioner’s alleged wrongful incarceration, or whether the
  117  petitioner is ineligible from seeking compensation under the
  118  provisions of s. 961.04.
  119         (3) If the prosecuting authority responds as set forth in
  120  paragraph (2)(a), the original sentencing court, based upon the
  121  evidence of actual innocence, the prosecuting authority’s
  122  certification, and upon the court’s finding that the petitioner
  123  has presented clear and convincing evidence that the petitioner
  124  committed neither the act nor the offense that served as the
  125  basis for the conviction and incarceration, and that the
  126  petitioner did not aid, abet, or act as an accomplice to a
  127  person who committed the act or offense, shall certify to the
  128  department that the petitioner is a wrongfully incarcerated
  129  person as defined by this act. Based upon the prosecuting
  130  authority’s certification, the court shall also certify to the
  131  department that the petitioner is eligible for compensation
  132  under the provisions of s. 961.04.
  133         (4)(a) If the prosecuting authority responds as set forth
  134  in paragraph (2)(b), the original sentencing court shall make a
  135  determination from the pleadings and supporting documentation
  136  whether, by a preponderance of the evidence, the petitioner is
  137  ineligible for compensation under the provisions of s. 961.04,
  138  regardless of his or her claim of wrongful incarceration. If the
  139  court finds the petitioner ineligible under the provisions of s.
  140  961.04, it shall dismiss the petition.
  141         (b) If the prosecuting authority responds as set forth in
  142  paragraph (2)(b), and the court determines that the petitioner
  143  is eligible under the provisions of s. 961.04, but the
  144  prosecuting authority contests the nature, significance or
  145  effect of the evidence of actual innocence, or the facts related
  146  to the petitioner’s alleged wrongful incarceration, the court
  147  shall set forth its findings and transfer the petition by
  148  electronic means through the division’s website to the division
  149  for findings of fact and a recommended determination of whether
  150  the petitioner has established that he or she is a wrongfully
  151  incarcerated person who is eligible for compensation under this
  152  act.
  153         Section 5. This act shall take effect July 1, 2012.

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