House Sponsors: FLOWERS-HOWARD-DAVIS,MONIQUE. Short description: COURT OF CLAIMS-PRISONERS Synopsis of Bill as introduced: Amends the Personnel Code. Establishes a preference in an entrance examination of 5 points for a qualified person who has been wrongfully accused of a crime for which the person was imprisoned in a State prison and a court of competent jurisdiction finds that the evidence that resulted in his or her conviction was erroneous or that new evidence indicates that the person did not commit the crime. Amends the Court of Claims Act. Provides that claims against the State for time unjustly served in State prisons must be automatically heard and payment made within 120 days after the person who unjustly served time is discharged from prison. Provides that the claim may be made if a court finds that the evidence that resulted in the person's conviction was erroneous or that new evidence indicates that the person did not commit the crime for which he or she was convicted (now only the issuance of a pardon by the Governor on the grounds of innocence may be the basis of a claim). Increases the maximum statutory awards to a person released from prison because of these factors. Effective immediately. FISCAL NOTE (Court of Claims) The Court currently pays claims for illegal incarceration that have been adjudicated and awarded. To be eligible, the person must have received a gubernatorial pardon. As of 12/31/01, the maximum awards are: for imprisonment of 5 years or less, $62,400 (HB 4415, $85,350), 5 to 14 years, $124,800 (HB 4415, $170,700) and over 14 years, $145,600 (HB 4415, $199,150). The fiscal impact of HB 4415 cannot be accurately determined because the number of awards to be made in the future is unknown. In FY 00, three claims were paid totaling $386,475; FY 01, 2 claims for a total of $240,600; and FY 02, 1 claim of $125,036. STATE MANDATES NOTE (Department of Commerce and Community Affairs) In the opinion of DCCA, HB 4415 does not meet the definition of a State mandate under the State Mandates Act. Last action on Bill: SESSION SINE DIE Last action date: JAN-07-2003 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 0 SENATE - 0 END OF INQUIRY Full Text Bill Status