HB1016 - PRETRIAL DETENTION-INNOCENCE

6 Co-Sponsors

Amends the Court of Claims Act. Provides that the court shall have exclusive jurisdiction to hear and determine all claims against the State for time unjustly served in a county jail, on parole, on intensive supervision probation, or on the sex offender registry, when the unjustly convicted person received a pardon from the Governor stating that such pardon is issued on the ground of innocence of the crime for which he or she was convicted or he or she received a certificate of innocence from the Circuit Court. Removes language providing that: the amount of an award for unjustly served prison sentences is at the discretion of the court; the court shall make no award in excess of specified amounts for specified terms of imprisonment; and the court shall fix attorney's fees not to exceed 25% of the award granted. Requires the court to make an award of $50,000 per year, and prorated for any partial year, during which the person was wrongfully incarcerated in a State correctional institution or in a county jail, including the time the person was incarcerated awaiting trial, and $25,000 for each year, and prorated for any partial year, during which the person was wrongfully on parole, wrongfully on intensive supervision probation, or was wrongfully required to register as a sex offender, as well as an award of reasonable attorney's fees, costs, and expenses in the amount determined by the Circuit Court after awarding a certificate of innocence. Makes other and conforming changes. Amends the Code of Civil Procedure. Allows any person who is convicted or adjudicated a delinquent and subsequently serves any part of a sentence of incarceration in a State correctional institution or in a county jail, of parole, of intensive supervision probation, or of registration as a sex offender for one or more felonies which he or she did not commit to file a petition for certificate of innocence. Requires the petition to state facts in sufficient detail to permit the court to find that the petitioner is likely to succeed at trial in proving that the petitioner is innocent of the alleged offenses for which he or she was convicted or adjudicated a delinquent, and the petitioner did not by his or her own conduct voluntarily cause or bring about his or her conviction or juvenile delinquency adjudication. Provides that neither a guilty plea nor a confession constitutes conduct causing or bringing about one's conviction or delinquency adjudication. Requires, if the court finds that the petitioner is entitled to a judgment, the court to make a determination of the reasonable attorney's fees, costs, and expenses incurred in connection with obtaining the certificate of innocence. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal on such petition that occurred before the effective date of the amendatory Act, including a petitioner whose petition was denied solely on the basis that this Section did not formerly apply to juvenile delinquency adjudications, shall file his or her petition within 4 years after the effective date of the amendatory Act. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal on such petition that occurred on or after the effective date of the amendatory Act shall file his or her petition within 2 years after the dismissal or acquittal. Makes other and conforming changes. Effective immediately.