An Act To Establish a Fund To Compensate Unjustly Incarcerated Persons
Maine Legislature, Session 129, LD 1061
Committee: Judiciary
Sponsors: EVANGELOS, DESCHAMBAULT, CARDONE, COLLINGS, HICKMAN, PLUECKER, RISEMAN, TALBOT ROSS, WARREN, LIBBY
Amends: 5 MRSA §1524

Legislative Document
No. 1061
H.P. 784
House of Representatives, March 5, 2019
An Act To Establish a Fund To Compensate Unjustly Incarcerated 
Persons
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative EVANGELOS of Friendship.
Cosponsored by Senator DESCHAMBAULT of York and
Representatives: CARDONE of Bangor, COLLINGS of Portland, HICKMAN of Winthrop, 
PLUECKER of Warren, RISEMAN of Harrison, TALBOT ROSS of Portland, WARREN of 
Hallowell, Senator: LIBBY of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §1524 is enacted to read:
§1524.  Unjustly Incarcerated Persons Compensation Fund established
The Unjustly Incarcerated Persons Compensation Fund, referred to in this section as 
"the compensation fund," is established as a nonlapsing fund.  The compensation fund 
receives funds allocated or transferred by the Legislature from the unappropriated surplus 
of the General Fund.  The State Controller shall disburse funds in accordance with the 
provisions established under chapter 603.  The State Controller shall provide quarterly 
financial reports regarding the compensation fund to the joint standing committee of the 
Legislature having jurisdiction over appropriations and financial affairs.
Sec. 2.  5 MRSA c. 603 is enacted to read:
CHAPTER 603
UNJUSTLY INCARCERATED PERSONS COMPENSATION FUND
§22101.  Compensation payments
The State Controller shall make compensation payments in the amounts directed by 
this chapter to persons entitled to compensation from the Unjustly Incarcerated Persons 
Compensation Fund established in section 1524.
§22102.  Persons entitled to compensation
1.  Requirements.  A person is entitled to compensation if:
A.  The person has served in whole or in part a sentence of imprisonment under the 
laws of this State; and
B.  The person:
(1)  Has received a full and free pardon on the basis of innocence for the crime 
for which the person was sentenced;
(2)  Has been granted relief in accordance with a writ of habeas corpus that is 
based on a court finding or determination that the person is actually innocent  of 
the crime for which the person was sentenced; or
(3)  Has been granted relief in accordance with a writ of habeas corpus and:
(a)  The court in which the person was convicted has entered an order 
dismissing the charge; and
(b)  The court's dismissal order is based on a motion to dismiss in which the 
district attorney or the Attorney General states that no credible evidence 
exists that inculpates the defendant and, either in the motion or in an 
affidavit, the district attorney or the Attorney General states that the district 
attorney or Attorney General believes that the defendant is actually innocent 
of the crime for which the person was sentenced.
2.  Concurrent sentence.  A person is not entitled to compensation under subsection 
for any part of a sentence of imprisonment during which the person was also serving a 
concurrent sentence for another crime to which subsection 1 does not apply.
3.  Deceased person.  If a deceased person would be entitled to compensation under 
subsection 1 if living, including a person who received a posthumous pardon, the person's 
heirs, legal representatives and estate are entitled to lump-sum compensation under 
section 22106.
§22103.  Notice to person entitled to compensation
1.  Information.  The Department of Corrections shall provide to each person 
entitled to compensation under section 22102, subsection 1 information, both orally and 
in writing, that includes:
A.  Guidance on how to obtain compensation under this chapter; and
B.  A list of and contact information for nonprofit advocacy groups, identified by the 
Department of Corrections, that assist persons in filing claims for compensation 
under this chapter.
2.  Timing.  The Department of Corrections shall provide the information required 
under subsection 1:
A.  At the time of the release of the person from imprisonment; or
B.  As soon as practicable after the Department of Corrections has reason to believe 
that the person is entitled to compensation under section 22102, subsection 1.
§22104.  Limitation on time to file
A person seeking compensation under this chapter must file an application with the 
State Controller for compensation under this chapter not later than the 3rd year after the 
date:
1.  Pardon.  The person on whose imprisonment the claim is based received a full 
and free pardon as provided by section 22102, subsection 1, paragraph B, subparagraph 
(1);
2.  Writ of habeas corpus.  The application for a writ of habeas corpus of the person 
on whose imprisonment the claim is based was granted as provided by section 22102, 
subsection 1, paragraph B, subparagraph (2); or
3.  Order of dismissal.  An order of dismissal was granted as provided by section 
22102, subsection 1, paragraph B, subparagraph (3).
§22105.  Application procedure
1.  Application for compensation.  To apply for compensation under this chapter, a 
claimant must file with the State Controller:
A.  An application for compensation provided for that purpose by the State 
Controller;
B.  A verified copy of the pardon, court order, motion to dismiss and affidavit as 
described in section 22102, subsection 1, paragraph B, as applicable, justifying the 
application for compensation;
C.  A statement provided by the Department of Corrections and any county or 
municipality that incarcerated the person on whose imprisonment the claim is based 
in connection with the relevant sentence verifying the length of imprisonment; and
D.  If applicable, a statement from the Department of Public Safety, State Bureau of 
Identification verifying the registration as a sex offender of the person on whose 
imprisonment the claim is based and length of registration.
2.  Determination.  The State Controller shall determine:
A.  The eligibility of the claimant pursuant to subsection 3; and
B.  The amount of compensation owed to an eligible claimant pursuant to section 
22106.
3.  Basis of determination.  In determining the eligibility of a claimant, the State 
Controller shall consider only the verified copies of documents filed under subsection 1, 
paragraph B.  If the filed documents do not clearly indicate that the person is entitled to 
compensation under section 22102, subsection 1, paragraph B, the State Controller shall 
deny the claim.  The State Controller's duty to determine the eligibility of a claimant 
under this section is purely ministerial.
4.  Determination within 45 days.  The State Controller must make a determination 
of eligibility and the amount owed as required by subsection 2 not later than the 45th day 
after the date an application is received.
5.  Denial of claim.  If the State Controller denies the claim, the State Controller shall 
state the reason for the denial.  Not later than the 30th day after the date the denial is 
received, the claimant shall submit an application to resolve any problem identified.  Not 
later than the 45th day after the date an application is received under this subsection, the 
State Controller shall determine the claimant's eligibility and the amount owed.
6.  Action for mandamus.  If the State Controller denies a claim after the claimant 
submits an application under subsection 5, the claimant may bring an action for 
mandamus.
§22106.  Amount of compensation
1.  Compensation; time served.  A person who meets the requirements of section 
22102 is entitled to compensation in an amount equal to $25,000 multiplied by the 
number of years served in imprisonment, expressed as a fraction to reflect partial years.
2.  Compensation; registration as sex offender.  A person who, after serving a 
sentence of imprisonment in this State for which the person is entitled to compensation 
under subsection 1, was required to register as a sex offender is entitled to additional 
compensation in an amount equal to $10,000 multiplied by the number of years served as 
a registered sex offender, expressed as a fraction to reflect partial years.
§22107.  Payment of compensation
1.  Choice of compensation.  A person entitled to compensation under section 
22102, subsection 1 may choose a lump-sum payment or annuity payments as provided in 
subsection 2.
2.  Annuity payments.  Annuity payments under this subsection are based on a 
present value sum equal to the amount to which the person is entitled under section 
22106, subsections 1 and 2 and are payable in equal monthly installments actuarially 
estimated for the life of the claimant until paid in full.
Annuity payments under this subsection must be based on a 5% per annum interest rate 
and other actuarial factors within the discretion of the State Controller.  Annuity 
payments under this subsection may not be accelerated, deferred, increased or decreased.  
A person entitled to annuity payments under this subsection may not sell, mortgage or 
otherwise encumber, or anticipate the payments, wholly or partly, by assignment or 
otherwise.
§22108.  Exceptions to immunity
Notwithstanding any immunity of the State from suit or liability, including the Maine 
Tort Claims Act, the State is liable for the unjust incarceration of a person as provided in 
this chapter.
Sec. 3.  14 MRSA c. 747, as amended, is repealed.
SUMMARY
This bill creates the Unjustly Incarcerated Persons Compensation Fund and 
establishes compensation amounts and a process for the application for and determination 
of compensation.  The bill establishes compensation of $25,000 per year of unjust 
incarceration and $10,000 for each year that the person eligible for compensation was 
required to register as a sex offender. 
The bill provides for compensation payments to be made in a lump sum, and only in a 
lump sum in the case of a deceased person, or as an annuity.
A person is eligible to seek compensation if the person has served in whole or in part 
a sentence of imprisonment under the laws of this State and the person has:
1.  Received a full and free pardon on the basis of innocence for the crime for which 
the person was sentenced;
2.  Has been granted relief in accordance with a writ of habeas corpus that is based on 
a court finding or determination that the person is actually innocent of the crime for 
which the person was sentenced; or
3.  Has been granted relief in accordance with a writ of habeas corpus and the court in 
which the person was convicted has entered an order dismissing the charge.  The court's 
dismissal order must be based on a motion to dismiss in which the district attorney or the 
Attorney General states that no credible evidence exists that inculpates the defendant and, 
either in the motion or in an affidavit, the district attorney or the Attorney General states 
that the district attorney or Attorney General believes that the defendant is actually 
innocent of the crime for which the person was sentenced.
The bill repeals the existing law providing a maximum payment of $300,000 for 
wrongful imprisonment that is based on a pardon granted on the basis of innocence.