Bill > S957

This bill proposes changes to the compensation for victims of wrongful conviction in Massachusetts. The key provisions are: 1. Expanding the eligibility for compensation to include those granted judicial relief by a state court on grounds consistent with innocence, even if the court does not address all grounds for relief. 2. Lowering the standard of proof for eligibility from "clear and convincing" to "a preponderance of the evidence." 3. Providing preliminary relief, including a $15,000 transitional assistance grant and services for physical and emotional reintegration, upon filing a complaint that meets the eligibility requirements. 4. Requiring a fast-track case processing for claims filed under this chapter. 5. Modifying the calculation of damages to include the claimant's lost income, the circumstances of the trial and incarceration, and other appropriate factors, with a $1 million cap on total liability. 6. Providing for expungement or sealing of records related to the erroneous conviction, and a court order attesting to the claimant's exoneration. 7. Establishing a new section to provide $5,000 in transitional financial assistance and physical/mental health services for up to one year for individuals whose convictions have been vacated and charges dismissed or who have been released on their own recognizance or bail pending retrial or appeal.

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https://malegislature.gov/Bills/191/S957