Amendment ID: S3290-2

Amendment 2

Wrongful Convictions Compensation

Ms. Jehlen, Mr. Eldridge, Ms. Miranda, Ms. Edwards and Messrs. Driscoll and Keenan move that the proposed new text be amended by inserting the following sections:-

SECTION XX. Section 5 of Chapter 258D of the General Laws, as so appearing in the 2024 Edition, is hereby amended by striking out paragraph (a) and inserting in place thereof the following new paragraph:-

Upon a finding or verdict that the claimant has met the requirements of section 1 by the requisite standard of proof and is not barred from compensation by section 2, the court or the jury shall determine the damages that shall be payable to the claimant. In making such determination, the court or jury shall calculate the damages to be awarded to the claimant at a rate of $115,000 per year the claimant was incarcerated, and $57,500 for each year the claimant was on parole or probation, or for each year the claimant was required to register as a sex offender, whichever period of time was greater. These amounts shall be adjusted for inflation using the consumer price index for all urban consumers. This adjustment shall not result in a reduction of the amount calculated in the prior year. Any partial year of incarceration, parole, probation, or registration shall be prorated to compensate the claimant only for the portion of such year during which the claimant was incarcerated, on parole, on probation, or required to register as a sex offender. The court may also include, as part of its judgment against the commonwealth, an order requiring the commonwealth to provide the claimant with services that are reasonable and necessary to address any deficiencies in the individual's physical and emotional condition, including but not limited to health care benefits under MassHealth if the claimant resides in Massachusetts, reentry planning, transitional assistance, and housing assistance, and may waive tuition and fees for the claimant for any educational services from a state or community college in the commonwealth including, but not limited to, the University of Massachusetts at Amherst and its satellite campuses. Once the damages have been determined, the court shall enter a judgment against the commonwealth for the claimant in an amount certain, payable in either a lump sum or in annuity installment payments set by the court; provided, however, that any such annuity installment payments shall have fixed limits on their annual amount and on the time period which they shall be paid to the claimant. A judgment against the commonwealth may not include punitive or exemplary damages. Notwithstanding any general or special law to the contrary, the clerk of court shall not add to the judgment and the commonwealth shall not be liable for paying, any prejudgment or post judgment interest on damages. Subject to section 4, relative to award or settlements, the rights and remedies afforded to certain individuals by this chapter are not intended to limit in any way any rights or remedies that such individuals or other individuals may be entitled to exercise and pursue under chapter 258.

SECTION XXX. Section XX shall take effect upon its passage and shall apply to all claims for compensation under chapter 258D, including claims pending on the effective date of this act.