12301.051 Wrongful conviction; transition plan.
Not more than 5 days after 13
a court issues an order for a plan requested by an inmate pursuant to 808.085 (1) (a), 14
the department shall create a transition to release plan for the inmate. The plan shall 15
do all of the following:
Provide the inmate with a written list of community resources available to 17
the inmate upon his or her release from prison, including temporary housing and 18
emergency shelters, food banks, education and job assistance, and health care
services in the county into which the inmate will be released. The department shall 2
maintain up-to-date lists with contact information for each county in the state.
Provide the inmate with an individual counseling session with a person 4
trained by the department or the county into which the inmate will be released to 5
assist inmates in the transition to release from prison.
Schedule an appointment, set for not later than 2 weeks after the inmate's 7
date of release, for the inmate to meet with a social worker or aid program 8
administrator for the county into which the inmate will be released.
775.05 (2) of the statutes is renumbered 775.05 (2) (a) and amended 10
(a) Any Except as provided in par. (b), any
person who is imprisoned 12
as the result of his or her conviction for a crime in any court of this state, of which 13
crime the person claims to be innocent, and who is released from imprisonment for 14
that crime after March 13, 1980, may petition the claims board for compensation for 15
such imprisonment. Upon receipt of the petition, the claims board shall transmit a 16
copy thereof to the prosecutor who prosecuted the petitioner and the judge who 17
sentenced the petitioner for the conviction which is the subject of the claim, or their 18
successors in office, for the information of these persons. In this paragraph,
19"imprisoned" means confined in a prison, as described in s. 302.01, a county jail, a
20rehabilitation facility established by s. 59.53 (8), a Huber facility under s. 303.09, or
21a county house of correction under s. 303.16. A person is not imprisoned, for the
22purposes of this section, if he or she is placed on probation with no period of
23confinement imposed, or if he or she is confined in a correctional institution under
24s. 301.046 (1) and the institution is the prisoner's place of residence.
775.05 (2) (b) of the statutes is created to read:
(b) Paragraph (a) does not apply to a person who is convicted of a 2
crime after his or her release from imprisonment. A person who is ineligible to 3
petition for compensation under this paragraph is also ineligible to receive any 4
award of compensation that has not been paid.
775.05 (2m) of the statutes is created to read:
(a) Except as provided in par. (b), if a person who files a petition 7
under sub. (2) dies before the claims board awards compensation to the person, the 8
person's claim for compensation is extinguished with his or her death. No later than 9
one year after the date of death of a person whose claim is extinguished under this 10
paragraph, the personal representative or special administrator for the estate of 11
such a person may petition the claims board for payment of any costs, disbursements, 12
and reasonable attorney fees incurred by the deceased person in pursuing a claim 13
under sub. (2). If the board determines that the deceased person qualified for 14
payment of an award under this section but did not receive an award, the board may 15
pay to the petitioner's estate the amount that the board finds to have been incurred 16
by the petitioner for costs, disbursements and reasonable attorney fees in connection 17
with his or her petition.
(b) No person's estate is eligible to receive a payment under par. (a) if the claims 19
board determines that the person died as a direct result of his or her own deliberate 20
or negligent action.
775.05 (3) of the statutes is renumbered 775.05 (3) (a) and amended 22
(a) After hearing the evidence on the petition, the claims board shall 24
find either that the evidence is clear and convincing that the petitioner was innocent 25
of the crime for which he or she suffered imprisonment, or that the evidence is not
clear and convincing that he or she was innocent. A finding of innocence under this
2paragraph is not substantiated based solely on the fact that the petitioner was found
3not guilty of the crime of which he or she was convicted. The claims board shall award
4compensation to the petitioner if the board determines that the petitioner's claim for
5compensation is one which, on the basis of equitable principles, the state should in
6good conscience assume and pay.
775.05 (3) (b) of the statutes is created to read:
(b) After hearing the evidence on the petition, the claims board shall 9
also find that the petitioner either has or has not presented clear and convincing 10
evidence that the petitioner did not by his or her act or failure to act contribute to 11
bring about the conviction and imprisonment for which he or she seeks 12
775.05 (4) of the statutes is amended to read:
If, pursuant to sub. (3),
the claims board finds that the petitioner was 15
innocent and should be compensated,
and that he or she the claims board finds that
did not by his or her act or failure to act contribute to bring about the 17
conviction and imprisonment for which he or she seeks compensation,
claims board shall find the amount which will equitably compensate the petitioner, 19
not to exceed $25,000 $200,000
and at a rate of compensation not greater than $5,000 20$15,000
per year for the imprisonment. Compensation awarded by the claims board 21shall may
include any amount to which the board finds the petitioner is entitled for 22
attorney fees, costs and disbursements. The claims board shall subtract any moneys
23received by the petitioner under s. 808.085.
If the claims board finds that the amount 24
it is able to award is not an adequate compensation,
it shall submit a report
specifying an amount which it considers adequate to the chief clerk of each house of 2
the legislature, for distribution to the legislature under s. 13.172 (2).
775.05 (5) of the statutes is amended to read:
The claims board shall keep a complete record of its proceedings in 5
each case and of all the evidence. The findings and the award of the claims board
6shall be subject to review as provided in ch. 227.
775.06 (7) of the statutes is amended to read:
The claims board shall keep a complete record of its proceedings in 9
each case and of all the evidence. The findings, conclusions, determination and
10award shall be subject to review as provided in ch. 227.
808.085 of the statutes is created to read:
12808.085 Wrongful conviction; relief.
If a court acts under s. 808.08 to 13
release a person from confinement in a prison, the person may petition the court for 14
any or all of the following:
(a) A court order directing the department of corrections to create a transition 16
to release plan.
(b) A financial assistance award not to exceed 133 percent of the federal poverty 18
level for up to 14 months, or while proceedings under s. 775.05 are pending, 19
whichever is shorter.
(c) Sealing of all records related to the case. Records sealed under this section 21
shall be accessible to the person but may not be available for public inspection or 22
through the consolidated court automation program case management system.
The court shall, within 10 days after it receives the petition under sub. (1), 24
grant the relief sought if the person's criminal conviction was reversed, set aside, or
vacated for reasons not inconsistent with the person's innocence of the crime for 2
which he or she was convicted.
If a person who is granted relief under this section is subsequently convicted 4
of the same charges for which he or she was granted relief, or if his or her conviction 5
is reinstated, the person shall repay any financial assistance award granted under 6
this section and all records related to the case shall be unsealed.
To the extent it is not contrary to or inconsistent with federal law, financial 8
assistance a person receives pursuant to this section may not be included as income 9
for the purpose of determining whether the person is indigent under rules 10
promulgated under ch. 977 or for the purpose of determining the person's eligibility 11
for any program for which the department of health services or the department of 12
children and families provides services, benefits, or other assistance under ch. 49.
(1) This act first applies with respect to claims for compensation of innocent 15
persons filed on the effective date of this subsection.