Senate Bill sb1550

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    Florida Senate - 2006                                  SB 1550

    By Senator Haridopolos





    26-289A-06

  1                      A bill to be entitled

  2         An act relating to compensation for wrongful

  3         conviction and incarceration; providing that a

  4         person who has been wrongfully convicted of a

  5         crime and incarcerated within the Department of

  6         Corrections may be financially compensated

  7         under certain circumstances; requiring that the

  8         claimant submit certain documents as proof of

  9         the wrongful conviction and incarceration;

10         directing the Department of Legal Affairs to

11         review and process the documents; providing

12         certain criteria for the Chief Financial

13         Officer to follow when paying a claim;

14         providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Claim for compensation for wrongful

19  incarceration.--

20         (1)  A person who has been wrongfully convicted of a

21  felony offense and incarcerated within the Department of

22  Corrections as a result of that conviction may be financially

23  compensated if it is shown that the claimant:

24         (a)  Was not convicted of a crime before the conviction

25  that resulted in the period of incarceration for which the

26  person is seeking compensation, including any crime for which

27  adjudication of guilt was withheld by the court;

28         (b)  Was not convicted of a crime while incarcerated;

29         (c)  Was not convicted of a crime after the term of

30  incarceration and before the claim for wrongful incarceration

31  is submitted; and

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    Florida Senate - 2006                                  SB 1550
    26-289A-06




 1         (d)  Was convicted at trial, sentenced to a period of

 2  incarceration, and actually incarcerated after the judgment of

 3  conviction.

 4         (2)  The claimant must submit to the Department of

 5  Legal Affairs for review and processing the following

 6  documents, in one complete package, as proof of the person's

 7  eligibility for compensation:

 8         (a)  A certified copy of the judgment and sentence in

 9  the case, including fingerprints;

10         (b)  A set of the claimant's fingerprints, prepared by

11  the sheriff of the county in which the person resides and

12  taken within the 6 months before the date the claim is filed;

13         (c)  A recent photograph of the claimant in a format no

14  larger than 2 inches by 3 inches;

15         (d)  A certified copy of the order vacating the

16  conviction;

17         (e)  A record from the Department of Corrections

18  showing the actual dates of the claimant's incarceration and a

19  photograph of the person taken by the department; and

20         (f)  A brief, sworn statement reciting the facts upon

21  which the claim for compensation is based.

22         (3)  The Department of Legal Affairs shall process and

23  review the claim within a reasonable time after receiving the

24  documents, which may not exceed 90 days.

25         (4)  If the Department of Legal Affairs determines that

26  the claim for compensation is supported by sufficient proof

27  and recommends payment of the claim for a period of time for

28  which the compensation is payable, the department must forward

29  the recommendation to the Chief Financial Officer who shall

30  pay the claim according to the recommendation. Payment shall

31  be as follows:

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    Florida Senate - 2006                                  SB 1550
    26-289A-06




 1         (a)  At the rate of $50,000 for each year of wrongful

 2  incarceration, prorated as necessary to compensate for

 3  portions of complete years.

 4         (b)  For sums exceeding $500,000, payments may be made

 5  in equal annual installments prorated over 5 years.

 6  

 7  The claimant must present positive proof of identity before

 8  payment is tendered.

 9         (5)(a)  The Chief Financial Officer shall process and

10  pay the claim according to the recommendation of the

11  Department of Legal Affairs within a reasonable time after

12  receiving the recommendation, which may not exceed 90 days.

13         (b)  Payment shall be made if sufficient funds are

14  available in the General Revenue Fund to compensate the

15  claimant.

16         Section 2.  This act shall take effect October 1, 2006.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Provides that a person who has been wrongfully convicted
      of a crime and incarcerated within the Department of
21    Corrections may be financially compensated under certain
      circumstances. Requires that the claimant submit certain
22    documents as proof of the wrongful conviction and
      incarceration. Directs the Department of Legal Affairs to
23    review and process the documents. Provides certain
      criteria for the Chief Financial Officer to follow when
24    paying a claim.

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