HF 2925

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 2925
1.3relating to public safety; compensating exonerated persons; appropriating
1.4money;amending Minnesota Statutes 2012, section 609A.02, subdivision 3;
1.5proposing coding for new law in Minnesota Statutes, chapters 590; 611.
1.6May 9, 2014
1.7The Honorable Paul Thissen
1.8Speaker of the House of Representatives
1.9The Honorable Sandra L. Pappas
1.10President of the Senate
1.11We, the undersigned conferees for H. F. No. 2925 report that we have agreed upon
1.12the items in dispute and recommend as follows:
1.13That the Senate recede from its amendments and that H. F. No. 2925 be further
1.14amended as follows:
1.15Delete everything after the enacting clause and insert:

1.16    "Section 1. [590.11] ORDER DETERMINING ELIGIBILITY FOR
1.17COMPENSATION BASED ON EXONERATION.
1.18    Subdivision 1. Definition. For purposes of this section, "exonerated" means that:
1.19(1) a court of this state:
1.20(i) vacated or reversed a judgment of conviction on grounds consistent with
1.21innocence and the prosecutor dismissed the charges; or
1.22(ii) ordered a new trial on grounds consistent with innocence and the prosecutor
1.23dismissed the charges or the petitioner was found not guilty at the new trial; and
1.24(2) the time for appeal of the order resulting in exoneration has expired or the order
1.25has been affirmed and is final.
1.26    Subd. 2. Procedure. A petition for an order declaring eligibility for compensation
1.27based on exoneration under sections 611.362 to 611.368 must be brought before the district
1.28court where the original conviction was obtained. The state must be represented by the
1.29office of the prosecutor that obtained the conviction or the prosecutor's successor. Within 60
2.1days after the filing of the petition, the prosecutor must respond to the petition. A petition
2.2must be brought within two years, but no less than 60 days after the petitioner is exonerated.
2.3Persons released from custody after being exonerated before the effective date of this
2.4section must commence an action under this section within two years of the effective date.
2.5    Subd. 3. Compensation based on exoneration in the interests of justice. (a) An
2.6individual who is exonerated is eligible for compensation in the interests of justice, if
2.7the prosecutor, within 60 days of filing the petition, joins the petition and indicates that
2.8it is likely that the original complaint or indictment would not have been filed or sought
2.9or would have been dismissed with the knowledge of all of the circumstances. Joinder
2.10and agreement to compensation based on the interests of justice by the prosecutor shall
2.11conclusively establish eligibility for compensation precluding any further proceedings
2.12under paragraph (b). Upon receipt of prosecutor's joinder and agreement, the court
2.13shall issue an order as described in subdivision 7, granting petitioner's eligibility for
2.14compensation under this subdivision.
2.15(b) If the prosecutor does not join and agree as provided under paragraph (a), the court
2.16shall determine if an individual who is exonerated is eligible for compensation based on
2.17the establishment of innocence if the petitioner establishes that a crime was not committed
2.18or that the crime was not committed by the petitioner. The petitioner's burden of proof and
2.19the procedures set forth in section 590.04, subdivision 3, apply to this proceeding.
2.20    Subd. 4. Evidence. Court records related to the conviction and the exoneration are
2.21admissible in a proceeding under this section. A written statement filed in court or oral
2.22statement on the record by the office of the prosecutor that obtained the conviction is
2.23admissible to support or refute the petition. The prosecutor may address the prosecutor's
2.24decision to dismiss the charges or other information that may not be fully reflected in the
2.25proceedings resulting in exoneration. Both the petitioner and the prosecutor have the
2.26right to present additional evidence. The court may consider acts by the petitioner that
2.27may have contributed to bringing about the conviction and any other offenses that may
2.28have been committed by the petitioner in the same behavioral incident, except for those
2.29acts contained in subdivision 5, paragraph (c). The victim of the offense has a right to
2.30submit an oral or written statement before the court issues its order. The statement may
2.31summarize the harm suffered by the victim as a result of the crime and give the victim's
2.32recommendation on whether the petition should be granted or denied.
2.33    Subd. 5. Elements. (a) A claim for compensation arises if a person is eligible
2.34for compensation under subdivision 3 and:
2.35(1) the person was convicted of a felony and served any part of the imposed sentence
2.36in prison;
3.1(2) in cases where the person was convicted of multiple charges arising out of the
3.2same behavioral incident, the person was exonerated for all of those charges;
3.3(3) the person did not commit or induce another person to commit perjury or
3.4fabricate evidence to cause or bring about the conviction; and
3.5(4) the person was not serving a term of imprisonment for another crime at the same
3.6time, provided that if the person served additional time in prison due to the conviction that
3.7is the basis of the claim, the person may make a claim for that portion of time served in
3.8prison during which the person was serving no other sentence.
3.9(b) A claimant may make a claim only for that portion of time served in prison
3.10during which the claimant was serving no other sentence.
3.11(c) A confession or admission later found to be false or a guilty plea to a crime the
3.12claimant did not commit does not constitute bringing about the claimant's conviction
3.13for purposes of paragraph (a), clause (3).
3.14    Subd. 6. Hearing. Unless the petition and the files and records of the proceeding
3.15conclusively show that the petitioner is not eligible for compensation, the court shall set a
3.16hearing on the petition and response thereto.
3.17    Subd. 7. Order. If, after considering all the files and records admitted and any
3.18evidence admitted at a hearing held pursuant to subdivision 4, the court determines that
3.19the petitioner is eligible for compensation, the court shall issue an order containing its
3.20findings and, if applicable, indicate the portion of the term of imprisonment for which the
3.21petitioner is entitled to make a claim. The court shall notify the petitioner of the right to
3.22file a claim for compensation under sections 611.362 to 611.368 and provide the petitioner
3.23with a copy of those sections. The petitioner must acknowledge receipt of the notice and a
3.24copy of those sections in writing or on the record before the court.
3.25    Subd. 8. Appeal. An order issued pursuant to subdivision 3, paragraph (b), may be
3.26appealed as provided for under section 590.06. The petitioner may not appeal an order
3.27granting eligibility pursuant to subdivision 3, paragraph (a).

3.28    Sec. 2. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:
3.29    Subd. 3. Certain criminal proceedings not resulting in conviction resolved in
3.30favor of defendant. (a) A petition may be filed under section 609A.03 to seal all records
3.31relating to an arrest, indictment or information, trial, or verdict if the records are not
3.32subject to section 299C.11, subdivision 1, paragraph (b), and if all pending actions or
3.33proceedings were resolved in favor of the petitioner. For purposes of this chapter, a verdict
3.34of not guilty by reason of mental illness is not a resolution in favor of the petitioner.
4.1(b) For the purposes of this chapter, an action or proceeding is resolved in favor of
4.2the petitioner, if the petitioner received an order under section 590.11 determining that the
4.3petitioner is eligible for compensation based on exoneration.

4.4    Sec. 3. [611.362] CLAIM FOR COMPENSATION BASED ON EXONERATION.
4.5    Subdivision 1. General. A person who receives an order under section 590.11
4.6determining that the person is entitled to compensation based on exoneration may bring
4.7a claim for an award under sections 611.362 to 611.368.
4.8    Subd. 2. Respondent; filing requirement. The state must be named as the
4.9respondent. A claimant shall serve the claim and all documents on the state through
4.10the commissioner of management and budget and file the claim with the Supreme
4.11Court. The claim must include a copy of the order from the district court under section
4.12590.11, subdivision 7. The state shall respond to the claim within 60 days after service.
4.13In all matters under sections 611.362 to 611.368, legal representation for the state
4.14shall be provided by either the attorney general or legal counsel for the Department of
4.15Management and Budget.
4.16    Subd. 3. Agent for claimant. If the person entitled to file a claim is incapacitated
4.17and incapable of filing the claim or is a minor or nonresident of the state, the claim may be
4.18filed on behalf of the claimant by a court-appointed guardian, the parent or guardian of
4.19a minor, or an authorized agent.
4.20    Subd. 4. Statute of limitations. A claimant must commence a claim under this
4.21section within 60 days after the date the order was issued under section 590.11, subdivision
4.227, provided that if the person did not receive the notice required under section 590.11,
4.23subdivision 7, the person may commence a claim within three years of that date. An
4.24action by the state challenging or appealing the order under section 590.11 tolls the time in
4.25which a claim must be commenced.

4.26    Sec. 4. [611.363] COMPENSATION PANEL.
4.27    Subdivision 1. Appointment. Within 30 business days after the claim is filed with
4.28the Supreme Court, the chief justice of the Supreme Court shall appoint a compensation
4.29panel of three attorneys or judges who are responsible for determining the amount of
4.30damages to be awarded. Members of the panel must have experience in legal issues
4.31involving the settlement of tort claims and the determination of damages.
4.32    Subd. 2. Compensation of panel members. (a) Members of the panel are entitled to
4.33the compensation authorized for members of boards under section 15.0575, subdivision 3.
5.1(b) Consistent with sections 611.362 to 611.368, the panel may establish procedures,
5.2rules, and forms for considering claims and awarding damages.
5.3    Subd. 3. Payment of expenses. The state court administrator shall forward
5.4documentation of expenses and administrative costs of the panel to the commissioner of
5.5management and budget for payment of those amounts from appropriations available
5.6for this purpose.

5.7    Sec. 5. [611.364] PREHEARING SETTLEMENTS AND HEARING.
5.8    Subdivision 1. Prehearing settlements. The panel may set a prehearing settlement
5.9conference date. At this conference, the parties must make a good faith attempt to reach a
5.10settlement in the case. If the parties agree, they may present the panel with a joint motion
5.11for summary disposition and no further hearings are required. If a settlement document is
5.12approved by the panel, it has the same effect as an award under section 611.365, for all
5.13purposes of that section.
5.14    Subd. 2. Hearing. (a) If the parties are unable to reach a settlement, the panel must
5.15hold an evidentiary hearing to determine the amount of damages to be awarded to the
5.16claimant. The panel may consider any evidence and argument submitted by the parties,
5.17including affidavits, documentation, and oral and written arguments. The panel is bound
5.18by any fact or damage amount established by the stipulation of the parties.
5.19(b) Hearings and records relating to the hearing are open to the public, except where,
5.20in the interest of justice, the panel orders a hearing closed or a record sealed.

5.21    Sec. 6. [611.365] DAMAGES.
5.22    Subdivision 1. General. A claimant is entitled to the damages provided for in
5.23this section.
5.24    Subd. 2. Reimbursement; monetary damages; attorney fees. (a) The claimant
5.25is entitled to reimbursement for all restitution, assessments, fees, court costs, and other
5.26sums paid by the claimant as required by the judgment and sentence. In addition, the
5.27claimant is entitled to monetary damages of not less than $50,000 for each year of
5.28imprisonment, and not less than $25,000 for each year served on supervised release or
5.29as a registered predatory offender, to be prorated for partial years served. In calculating
5.30monetary damages, the panel shall consider:
5.31(1) economic damages, including reasonable attorney fees, lost wages,
5.32reimbursement for costs associated with the claimant's criminal defense;
6.1(2) reimbursement for medical and dental expenses that the claimant already
6.2incurred and future unpaid expenses expected to be incurred as a result of the claimant's
6.3imprisonment;
6.4(3) noneconomic damages for personal physical injuries or sickness and any
6.5nonphysical injuries or sickness incurred as a result of imprisonment;
6.6(4) reimbursement for any tuition and fees paid for each semester successfully
6.7completed by the claimant in an educational program or for employment skills and
6.8development training, up to the equivalent value of a four-year degree at a public
6.9university, and reasonable payment for future unpaid costs for education and training, not
6.10to exceed the anticipated cost of a four-year degree at a public university;
6.11(5) reimbursement for paid or unpaid child support payments owed by the claimant
6.12that became due, and interest on child support arrearages that accrued, during the time
6.13served in prison provided that there shall be no reimbursement for any child support
6.14payments already owed before the claimant's incarceration; and
6.15(6) reimbursement for reasonable costs of paid or unpaid reintegrative expenses for
6.16immediate services secured by the claimant upon exoneration and release, including
6.17housing, transportation and subsistence, reintegrative services, and medical and dental
6.18health care costs.
6.19(b) The panel shall award the claimant reasonable attorney fees incurred in bringing
6.20a claim under sections 611.362 to 611.368 and in obtaining an order of eligibility for
6.21compensation based on exoneration under chapter 590.
6.22    Subd. 3. Limits on damages. There is no limit on the aggregate amount of damages
6.23that may be awarded under this section. Damages that may be awarded under subdivision
6.242, paragraph (a), clauses (1) and (4) to (6), are limited to $100,000 per year of imprisonment
6.25and $50,000 per year served on supervised release or as a registered predatory offender.
6.26    Subd. 4. Notice and acceptance of award. A claimant who is awarded damages
6.27under this section must be provided with a written notice of the award, which must include
6.28an itemization of the total damage award calculation. A claimant's acceptance of an award,
6.29compromise, or settlement must be in writing and is final and conclusive on the claimant.
6.30    Subd. 5. Subsequent damage awards. Any future damages awarded to the
6.31claimant resulting from an action by the claimant against the state or a political subdivision
6.32of this state based on the same subject must be offset by the damage award received
6.33under this section.
6.34    Subd. 6. No offsets. The damage award must not be offset by:
7.1(1) any expenses incurred by the state or any political subdivision of the state,
7.2including expenses incurred to secure the claimant's custody or to feed, clothe, or provide
7.3medical services for the claimant; or
7.4(2) the value of any services or reduction in fees for services, or the value of services
7.5to be provided to the claimant that may be awarded to the claimant under this section.
7.6    Subd. 7. Survival of claim. A pending order issued under section 590.11,
7.7subdivision 7, or claim under sections 611.362 to 611.368, survives the death of the
7.8petitioner or claimant and the personal representative of the person may be substituted
7.9as the claimant or bring a claim.

7.10    Sec. 7. [611.366] JUDICIAL REVIEW.
7.11A party aggrieved by an award of damages under section 611.365 is entitled
7.12to judicial review of the decision as provided in sections 14.63 to 14.69; however,
7.13proceedings on a complaint filed under this section are not a contested case within the
7.14meaning of chapter 14 and are not otherwise governed by chapter 14.

7.15    Sec. 8. [611.367] COMPENSATING EXONERATED PERSONS;
7.16APPROPRIATIONS PROCESS.
7.17The compensation panel established in section 611.363 shall forward a final award
7.18of damages under section 611.365 to the commissioner of management and budget.
7.19The commissioner shall submit the amount of the final award to the legislature for
7.20consideration during the next session of the legislature.

7.21    Sec. 9. [611.368] SHORT TITLE.
7.22Sections 611.362 to 611.368 shall be cited as the Imprisonment and Exoneration
7.23Remedies Act.

7.24    Sec. 10. APPROPRIATION.
7.25$3,000 is appropriated from the general fund for the fiscal year ending June 30,
7.262015, to the commissioner of management and budget for expenses incurred by the
7.27compensation panel described in Minnesota Statutes, section 611.363."
7.28Delete the title and insert:
7.30relating to public safety; compensating exonerated persons; appropriating
7.31money;amending Minnesota Statutes 2012, section 609A.02, subdivision 3;
7.32proposing coding for new law in Minnesota Statutes, chapters 590; 611."

8.1	We request the adoption of this report and repassage of the bill.
8.2	House Conferees:
8.3	.....		.....
8.4	John Lesch		Jason Metsa
8.5	.....
8.6	Peggy Scott
8.7	Senate Conferees:
8.8	.....		.....
8.9	Ron Latz		Scott J. Newman
8.10	.....
8.11	Barb Goodwin