Florida Senate - 2012 SB 1670 By Senator Joyner 18-01495-12 20121670__ 1 A bill to be entitled 2 An act relating to compensation of victims of wrongful 3 incarceration; amending s. 961.02, F.S.; defining the 4 term “violent felony”; amending s. 961.04, F.S.; 5 providing that a person is disqualified from receiving 6 compensation under the Victims of Wrongful 7 Incarceration Compensation Act if, before or after the 8 person’s wrongful conviction and incarceration, the 9 person was convicted of or pled guilty or nolo 10 contendere to a violent felony; amending s. 961.06, 11 F.S.; providing that a wrongfully incarcerated person 12 who commits a violent felony law violation that 13 results in revocation of parole or community 14 supervision is ineligible for compensation; reenacting 15 s. 961.03(1)(a), (2), (3), and (4), F.S., relating to 16 determination of status as a wrongfully incarcerated 17 person and determination of eligibility for 18 compensation; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Section 961.02, Florida Statutes, is amended to 23 read: 24 961.02 Definitions.—As used in ss. 961.01-961.07, the term: 25 (1) “Act” means the Victims of Wrongful Incarceration 26 Compensation Act. 27 (2) “Department” means the Department of Legal Affairs. 28 (3) “Division” means the Division of Administrative 29 Hearings. 30 (4) “Wrongfully incarcerated person” means a person whose 31 felony conviction and sentence have been vacated by a court of 32 competent jurisdiction and, with respect to whom pursuant to the 33 requirements of s. 961.03, the original sentencing court has 34 issued its order finding that the person neither committed the 35 act nor the offense that served as the basis for the conviction 36 and incarceration and that the person did not aid, abet, or act 37 as an accomplice or accessory to a person who committed the act 38 or offense. 39 (5) “Eligible for compensation” means a person meets the 40 definition of the term “wrongfully incarcerated person” and is 41 not disqualified from seeking compensation under the criteria 42 prescribed in s. 961.04. 43 (6) “Entitled to compensation” means a person meets the 44 definition of the term “eligible for compensation” and satisfies 45 the application requirements prescribed in s. 961.05, and may 46 receive compensation pursuant to s. 961.06. 47 (7) “Violent felony” means a felony offense enumerated in 48 s. 775.084(1)(c)1. or s. 948.06(8)(c). 49 Section 2. Section 961.04, Florida Statutes, is amended to 50 read: 51 961.04 Eligibility for compensation for wrongful 52 incarceration.—A wrongfully incarcerated person is not eligible 53 for compensation under the act if: 54 (1) Before the person’s wrongful conviction and 55 incarceration, the person was convicted of, or pled guilty or 56 nolo contendere to, regardless of adjudication, any violent 57 felony offense, or a crime committed in another jurisdiction the 58 elements of which would constitute a violent felony in this 59 state, or a crime committed against the United States which is 60 designated a violent felony, excluding any delinquency 61 disposition; 62 (2) During the person’s wrongful incarceration, the person 63 was convicted of, or pled guilty or nolo contendere to, 64 regardless of adjudication, any violent felony offense; or 65 (3) During the person’s wrongful incarceration, the person 66 was also serving a concurrent sentence for another felony for 67 which the person was not wrongfully convicted. 68 Section 3. Subsection (2) of section 961.06, Florida 69 Statutes, is amended to read: 70 961.06 Compensation for wrongful incarceration.— 71 (2) In calculating monetary compensation under paragraph 72 (1)(a), a wrongfully incarcerated person who is placed on parole 73 or community supervision while serving the sentence resulting 74 from the wrongful conviction and who commits anything less than 75 a violent felony law violation that results in revocation of the 76 parole or community supervision is eligible for compensation for 77 the total number of years incarcerated. A wrongfully 78 incarcerated person who commits a violent felony law violation 79 that results in revocation of the parole or community 80 supervision is ineligible for any compensation under subsection 81 (1). 82 Section 4. For the purpose of incorporating the amendment 83 made by this act to section 961.04, Florida Statutes, in a 84 reference thereto, paragraph (a) of subsection (1) and 85 subsections (2), (3), and (4) of section 961.03, Florida 86 Statutes, are reenacted to read: 87 961.03 Determination of status as a wrongfully incarcerated 88 person; determination of eligibility for compensation.— 89 (1)(a) In order to meet the definition of a “wrongfully 90 incarcerated person” and “eligible for compensation,” upon entry 91 of an order, based upon exonerating evidence, vacating a 92 conviction and sentence, a person must set forth the claim of 93 wrongful incarceration under oath and with particularity by 94 filing a petition with the original sentencing court, with a 95 copy of the petition and proper notice to the prosecuting 96 authority in the underlying felony for which the person was 97 incarcerated. At a minimum, the petition must: 98 1. State that verifiable and substantial evidence of actual 99 innocence exists and state with particularity the nature and 100 significance of the verifiable and substantial evidence of 101 actual innocence; and 102 2. State that the person is not disqualified, under the 103 provisions of s. 961.04, from seeking compensation under this 104 act. 105 (2) The prosecuting authority must respond to the petition 106 within 30 days. The prosecuting authority may respond: 107 (a) By certifying to the court that, based upon the 108 petition and verifiable and substantial evidence of actual 109 innocence, no further criminal proceedings in the case at bar 110 can or will be initiated by the prosecuting authority, that no 111 questions of fact remain as to the petitioner’s wrongful 112 incarceration, and that the petitioner is not ineligible from 113 seeking compensation under the provisions of s. 961.04; or 114 (b) By contesting the nature, significance, or effect of 115 the evidence of actual innocence, the facts related to the 116 petitioner’s alleged wrongful incarceration, or whether the 117 petitioner is ineligible from seeking compensation under the 118 provisions of s. 961.04. 119 (3) If the prosecuting authority responds as set forth in 120 paragraph (2)(a), the original sentencing court, based upon the 121 evidence of actual innocence, the prosecuting authority’s 122 certification, and upon the court’s finding that the petitioner 123 has presented clear and convincing evidence that the petitioner 124 committed neither the act nor the offense that served as the 125 basis for the conviction and incarceration, and that the 126 petitioner did not aid, abet, or act as an accomplice to a 127 person who committed the act or offense, shall certify to the 128 department that the petitioner is a wrongfully incarcerated 129 person as defined by this act. Based upon the prosecuting 130 authority’s certification, the court shall also certify to the 131 department that the petitioner is eligible for compensation 132 under the provisions of s. 961.04. 133 (4)(a) If the prosecuting authority responds as set forth 134 in paragraph (2)(b), the original sentencing court shall make a 135 determination from the pleadings and supporting documentation 136 whether, by a preponderance of the evidence, the petitioner is 137 ineligible for compensation under the provisions of s. 961.04, 138 regardless of his or her claim of wrongful incarceration. If the 139 court finds the petitioner ineligible under the provisions of s. 140 961.04, it shall dismiss the petition. 141 (b) If the prosecuting authority responds as set forth in 142 paragraph (2)(b), and the court determines that the petitioner 143 is eligible under the provisions of s. 961.04, but the 144 prosecuting authority contests the nature, significance or 145 effect of the evidence of actual innocence, or the facts related 146 to the petitioner’s alleged wrongful incarceration, the court 147 shall set forth its findings and transfer the petition by 148 electronic means through the division’s website to the division 149 for findings of fact and a recommended determination of whether 150 the petitioner has established that he or she is a wrongfully 151 incarcerated person who is eligible for compensation under this 152 act. 153 Section 5. This act shall take effect July 1, 2012.