Bill > SB131

This bill establishes a legal pathway for individuals who have been wrongfully convicted and imprisoned in Kentucky to seek compensation from the Commonwealth. A "claimant" is defined as someone convicted and imprisoned for crimes they did not commit. To receive compensation, a claimant must prove by a preponderance of the evidence (meaning it's more likely than not) that they were convicted of a felony, incarcerated, their conviction was overturned or they received a full pardon based on innocence, and they did not commit the crime. The claim must be filed within two years of the conviction being overturned, charges dismissed, a not guilty verdict on retrial, the appeals process being exhausted, or a pardon being granted, whichever is later. For those already released before the bill's effective date, the filing deadline is two years from the effective date. Damages are calculated based on years of imprisonment, with higher amounts for those sentenced to death, and additional compensation for time spent on parole, post-incarceration supervision, or registered as a sex offender. The bill also outlines provisions for attorney fees, tuition waivers at public universities, reimbursement for restitution and fees paid, reintegration services, and the satisfaction of certain child support obligations. Importantly, any previous monetary awards or settlements related to the wrongful conviction will be deducted from the compensation awarded under this bill. The bill also creates a "wrongful conviction compensation fund" to administer these payments, with provisions for the fund to be replenished from the general fund if insufficient. Finally, upon a successful claim, the court will issue a certificate of innocence, seal and expunge the claimant's conviction and arrest records, and the Department of Corrections will offer reentry services.

https://apps.legislature.ky.gov/record/26RS/sb131.html