Bill > H0564

This bill clarifies that individuals who are convicted of a felony, imprisoned for at least six months, and are later exonerated by having their conviction overturned, their case dismissed, being acquitted in a new trial, or receiving a pardon, are entitled to compensation from the State of Vermont, regardless of the specific reason for their exoneration. To receive compensation, the individual must prove by clear and convincing evidence that they are actually innocent of the crime and did not fabricate evidence or commit perjury during their original proceedings. The bill also establishes a right of action for damages, outlines the procedures for filing such claims, specifies that damages will be determined by a jury and will range from $30,000 to $60,000 per year of incarceration, plus potential economic damages, health coverage, reintegrative services, and attorney fees. Importantly, the bill clarifies that these damages are not subject to state taxes and cannot be offset by any costs the state incurred while the person was incarcerated. The right to bring an action for compensation survives the death of the wrongly convicted person, allowing their estate to pursue the claim, and the bill applies retroactively to exonerations occurring on or after July 1, 2007.

Justice

https://legislature.vermont.gov/bill/status/2026/H.564