Bill > SB3294

This bill establishes a clearer and more supportive process for individuals whose convictions are overturned or who are pardoned based on innocence, and where the original charges were dismissed. It mandates that upon such a reversal or pardon, the court will inform the individual of their right to seek compensation, and the Department of Corrections and Rehabilitation will immediately notify the Department of Human Services to assign a case manager to assist the individual with essential needs like housing, identification, medical care, and employment for sixty days. The State will also provide medical coverage to the individual for a period equal to their wrongful imprisonment, and any existing benefits, such as those under chapter 346 of the Hawaii Revised Statutes (HRS), will continue until the individual is employed or no longer qualifies. Furthermore, the Department of Corrections and Rehabilitation will provide a state identification card upon release, and the Department of the Attorney General will submit an annual report to the Legislature detailing these cases. Crucially, the burden of proof shifts to the State to demonstrate that the reversal or pardon was inconsistent with innocence, requiring the State to prove this by a preponderance of the evidence, meaning it is more likely than not true. This legislation aims to expedite compensation and support for those wrongfully imprisoned, addressing delays and uncertainties that have previously plagued such claims.

Government Affairs, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=3294&year=2026