Bill > S3093

This bill amends existing New Jersey law to increase compensation for individuals who have been wrongfully convicted and imprisoned. It clarifies that innocent individuals who can prove by clear and convincing evidence that they did not commit the crime for which they were convicted and imprisoned, and that their own conduct did not cause or bring about their conviction (specifically excluding false confessions or guilty pleas to crimes they didn't commit from being considered as causing their conviction), can sue the State for damages. The bill also modifies how damages are calculated, increasing the potential award to the greater of twice the claimant's prior year's income or $50,000 per year of incarceration, with this latter amount to be adjusted for inflation over time. Additionally, it allows for awards exceeding $1 million to be paid as an annuity over up to 20 years, and mandates that claimants receive reasonable attorney fees and other court-ordered services like vocational training, tuition assistance, counseling, housing, and health insurance. Importantly, any damages awarded under this act will not be subject to State income tax, and the Public Defender will be required to discharge any liens for services related to the wrongful conviction. These provisions apply to claimants released from imprisonment or granted a pardon on or after the bill's effective date.