Bill > S1027

This bill adds a new chapter to Idaho's law to create the "Idaho Wrongful Conviction Act". The key provisions are: 1) It allows a person who was wrongfully convicted and imprisoned in Idaho to bring a civil action against the state for compensation if they can establish certain requirements, such as not committing the crime or any included offense, and having their conviction reversed or vacated. 2) It provides for damages of $62,000 per year of imprisonment, or $75,000 per year if the person was on death row, as well as compensation for time on parole or required to register as a sex offender. Additional compensation is available for attorney's fees and reentry services. 3) It creates an "Innocence Fund" in the state treasury to pay out the awarded damages, which will be funded through legislative appropriations and reimbursements from claimants who later receive settlements or judgments in separate civil actions. 4) The bill also allows a claimant's estate to file or maintain a claim if the person dies, and provides that existing immunity laws will apply to actions brought under this new law.

Justice

Judiciary and Rules Committee (Senate)

https://legislature.idaho.gov/sessioninfo/2021/legislation/S1027/