SB3294 SD1

SECTION 1. The legislature finds that Act 156, Session Laws of Hawaii 2016 (Act 156), was enacted to provide monetary compensation to individuals who had been wrongfully convicted and imprisoned in the State's criminal justice system. Act 156 established a compensation scheme, which has been in effect for approximately ten years, to provide redress to those who have been wrongfully imprisoned.

In Act 156, the legislature found that individuals who were wrongfully convicted and imprisoned by the State deserved "an avenue of redress over and above the existing tort remedies to seek compensation for damages from the jurisdiction that convicted and imprisoned them". The legislature also finds that existing law stipulates that if a court finds that a person has proven a claim for wrongful conviction and imprisonment, the court is required to award the person $50,000 for each year of actual confinement, including time spent awaiting trial. The legislature recognized that although the compensation process does not explicitly require a court trial to determine if a petitioner is entitled to compensation and the amount of compensation, in practice, petitioners have been subjected to lengthy trials. According to the National Registry of Exonerations, of the thirty-eight states that have wrongful conviction and imprisonment laws, the State is the only one to have not rendered payment to any claimants.

The legislature recognizes the recent Hawaiʻi supreme court decision in Jardine v. Hawaiʻi, 155 Haw. 60 (2024). The court considered the language of section 661B-1, Hawaii Revised Statutes, which in part requires that a petitioner's judgment of conviction be reversed or vacated "because the petitioner was actually innocent of the crimes for which the petitioner was convicted, and the court decision so states". The Hawaii supreme court held that the statute does not require the exact words "actual innocence" to appear in the order. However, the court also held that the statute "does, however, require that such an order state a finding that supports a petitioner's actual innocence – that is, the order should support the conclusion that the petitioner did not commit the crime".

The legislature also finds that wrongful compensation claims in the State have often been subject to prolonged litigation and delay, including delay caused by the State. The prolonged uncertainty and financial hardship caused by a delay is unjust to those wrongfully convicted. In at least one situation, the wrongfully convicted individual passed away before receiving any compensation after almost a decade of litigation seeking compensation. The legislature finds that these unresolved claims are also a potential liability to the State. The legislature therefore concludes that rather than allow claims for compensation for wrongful conviction and imprisonment to languish for years, the law should be amended to give certainty to the budgeting process and to those who were wrongfully convicted.

Accordingly, the purpose of this Act is to:

(1) Establish the procedure that a court of the State shall follow upon the reversal or vacation of an individual's judgment or conviction on grounds consistent with innocence, and where the charges were dismissed;

(2) Require the department of corrections and rehabilitation to immediately alert the department of human services to assign a case manager to a petitioner upon the petitioner's release;

(3) Require the State to provide medical coverage to a person for a certain duration upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed;

(4) Clarify that any benefits that a petitioner is qualified for, including any benefits under chapter 346, Hawaii Revised Statutes, continue until the petitioner is gainfully employed or no longer qualifies for the benefits;

(5) Require the department of corrections and rehabilitation to provide a petitioner with a state identification card upon release;

(6) Require the department of the attorney general to submit an annual report to the legislature;

(7) Clarify that a person whose judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence, and where the charges were dismissed, may petition for redress;

(8) Shift the burden of proof in wrongful conviction claims from the petitioner to the State; and

(9) Require the State to prove by a preponderance of the evidence that the reversal or vacation of the order of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence.

SECTION 2. Chapter 661B, Hawaii Revised Statutes, is amended by adding seven new sections to be appropriately designated and to read as follows:

"§661B-A Liberal construction. This chapter shall be liberally construed to ensure that those persons who were wrongfully convicted and imprisoned by the State receive compensation.

§661B-B Reversal or vacation of conviction; procedure. (a) Upon the reversal or vacation of a judgment or conviction on grounds consistent with innocence, and where the charges were dismissed, the court shall:

(1) Provide oral and written notice of the person's ability to file a claim under this chapter;

(2) Order the department of corrections and rehabilitation to immediately alert the department of human services so the department of human services may assign a case manager to the person pursuant to section 661B-C;

(3) Make the following findings:

(A) Whether the person was convicted in a court of the State and subsequently imprisoned for one or more crimes and the crime or crimes upon which that conviction was based were reversed or vacated;

(B) Whether the grounds for the reversal or vacation of the crime or crimes support the conclusion that the person did not commit the crime or crimes;

(D) The number of years, months, and days that the person spent in prison for the crime or crimes, including time served prior to conviction, if any; and

(E) At the rate of $50,000 for each year of actual confinement, including time spent awaiting trial, the amount of total compensation the person would receive under section 661B-3;

(4) If the person wishes to seek relief pursuant to this chapter at the time of the reversal or vacation and the court answers in the affirmative with respect to paragraphs (3)(A) and (B), the court shall order the award as calculated pursuant to paragraph (3)(E); provided that neither the State nor a county prosecuting authority has filed new charges based on the same alleged act or acts for which the petitioner was originally convicted; and

(5) Award reasonable attorneys' fees not exceeding $10,000 pursuant to section 661B-3(d).

(b) A person does not waive their right to seek relief pursuant to this chapter if they do not elect to seek relief at the time of reversal or vacation.

§661B-C Case manager; appointment. (a) Upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed, the department of corrections and rehabilitation shall immediately notify the department of human services so the department of human services may appoint a case manager to the person. Services shall commence immediately and continue for sixty days from the day of the person's release.

(b) Case manager duties shall include assisting the person in obtaining the following:

(1) Housing;

(2) State identification card;

(3) Medical, dental, and mental health insurance and appointments;

(4) Mental health counseling;

(5) A cell phone for one year;

(6) Employment; and

(7) Expedited processing of benefit assistance for the person.

§661B-D Medical coverage; petitioner; spouse and dependents. (a) Upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed, the person shall be eligible to obtain medical coverage from the State.

(b) The medical coverage offered under subsection (a) may include the person's spouse and dependents.

(c) The State shall provide medical coverage to a petitioner under subsection (a) for a period of time equal to that of the petitioner's wrongful imprisonment, including any period during which the petitioner was released on parole.

§661B-E Department of corrections and rehabilitation; required actions. The department of corrections and rehabilitation shall:

(1) Once made aware that an individual is pursuing a reversal on a prior court decision where innocence is in question, work in conjunction with the department of human services to assist the petitioner in preparing applications for individual financial and medical assistance, so that processing may be expedited upon release; and

(2) Upon the reversal or vacation of a judgment or conviction on grounds consistent with innocence, and where the charges were dismissed, provide the person a state identification card upon release.

§661B-F Compensation; benefits; continuity. Any benefits that a petitioner is qualified for, including any benefits under chapter 346, shall continue until the petitioner is gainfully employed and no longer qualifies for the benefits.

§661B-G Annual report. The department of the attorney general shall submit an annual report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session. The report shall detail the implementation and application of this chapter and shall include the following:

(1) The name of any person for whom their judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence, and for whom the charges were dismissed;

(2) Whether the State or a county prosecuting authority filed new charges based on the same alleged act or acts for which the petitioner was originally convicted;

(3) The court's findings pursuant to section 661B-B;

(4) Whether the person chose to seek relief and whether the person chose to do so at the time of reversal or vacation, or later;

(5) If the person, subsequent to the court's findings, filed a petition:

(A) The date the petition was filed;

(B) The circuit in which the petition was filed;

(D) The date that the department of the attorney general's response was filed; and

(E) The status of the petition on the date the report is submitted."

SECTION 3. Section 661B-1, Hawaii Revised Statutes, is amended to read as follows:

"[[]§661B-1[]] Statement of claim for compensation. [~~(a)~~] Any person convicted in a court of the State and imprisoned for one or more crimes [~~of which the person was actually innocent~~] for whom the judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence, and where the charges were dismissed, may file a petition for relief pursuant to this chapter for an award of damages against the State; provided that the requirements of [~~subsection (b)~~] this section are met.

[~~(b)~~] To present an actionable claim against the State for wrongful conviction and imprisonment, the petitioner shall allege that the petitioner was convicted of one or more crimes under the laws of the State, was subsequently sentenced to a term of imprisonment, [~~and~~] has served all or any part of the sentence, and [~~either~~] that[:

~~(1)~~ ~~The~~] the judgment of conviction was reversed or vacated [~~because the petitioner was actually innocent of the crimes for which the petitioner was convicted, and the court decision so states; or~~

~~(2)~~ ~~The~~] and the charges were dismissed, or the petitioner was pardoned [~~because the petitioner was actually innocent of the crimes for which the petitioner was convicted and the pardon so states.~~] on grounds consistent with innocence and the charges were dismissed."

SECTION 4. Section 661B-3, Hawaii Revised Statutes, is amended by amending subsections (a) through (c) to read as follows:

"(a) The [~~petitioner~~] State shall have the burden to prove by a preponderance of the evidence[:

~~(1)~~ ~~That the petitioner is eligible to seek compensation in accordance with the requirements set forth in section 661B-1;~~

~~(2)~~ ~~That the petitioner was convicted in a court of the State and subsequently imprisoned for one or more crimes, but the petitioner was actually innocent of the crimes at issue; and~~

~~(3)~~ ~~That the petitioner served time in prison for the crime or crimes, including time served prior to conviction, if any.~~] that the reversal or vacation of the order of conviction for the petitioner or the pardoning of the petitioner was inconsistent with innocence.

(b) The following shall be affirmative defenses, on which the State shall have the burden of proof by a preponderance of the evidence:

(1) The petitioner was serving a term of imprisonment for another crime, including crimes under the laws of the United States, concurrently with imprisonment for the crime or crimes for which [~~petitioner was actually innocent;~~] the judgment of conviction was reversed or vacated or the petitioner was pardoned on grounds consistent with innocence; provided that if the petitioner served additional time in prison due to the conviction that is the basis of the petition, then the petitioner shall receive compensation for that portion of the time served in prison during which the petitioner was serving no other sentence;

(2) The petitioner committed perjury [or], fabricated evidence, or induced another person to commit perjury or fabricate evidence to cause or bring about the conviction at issue;

(3) The petitioner fabricated evidence or committed or suborned perjury during any proceeding related to the crime for which the petitioner was convicted;

(4) The petitioner solicited the commission of the crime at issue or any crime factually related to the crime at issue;

(5) The petitioner conspired to commit the crime at issue or any crime factually related to the crime at issue;

(6) The petitioner attempted to commit the crime at issue or any crime factually related to the crime at issue;

(7) The petitioner assisted in the commission of the crime at issue or any crime factually related to the crime at issue; or

(8) The petitioner assisted any person to avoid apprehension, arrest, or conviction for the crime at issue or any crime factually related to the crime at issue.

If the State proves one or more of the affirmative defenses enumerated in this subsection, the petitioner shall receive no compensation except as provided in paragraph (1).

(c) If the court finds that the petitioner has [~~proven~~] filed a claim for wrongful conviction and imprisonment[,] and the State has not met its burden of proof under subsection (a) or proven an affirmative defense pursuant to subsection (b), the court shall award the petitioner $50,000 for each year of actual confinement, including time spent awaiting trial, served by the petitioner for the crime or crimes for which the petitioner was actually innocent; provided that:

(1) The petitioner shall not be compensated for the time imprisoned if the petitioner was concurrently imprisoned for a different conviction, even if the other conviction was related to the conviction that was vacated or reversed or for which the petitioner was pardoned [~~because of actual innocence;~~] on grounds consistent with innocence;

(2) The award shall be prorated for partial years of imprisonment; and

(3) If the court finds, by a preponderance of the evidence, extraordinary circumstances pertain to a conviction that is set aside or a pardon that is granted [~~because of actual innocence,~~] on grounds consistent with innocence, the court may award the petitioner a maximum of $100,000 in additional compensation."

SECTION 5. Section 661B-6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§661B-6[]] Waiver of sovereign immunity. This chapter shall constitute a waiver of sovereign immunity by the State only for the claims brought pursuant to this chapter. The State makes no other waiver of sovereign immunity, and fully retains its sovereign immunity as to all other claims, however denominated, that seek compensation of any kind or nature that are a result of, related to, or arise from a conviction and imprisonment for crimes for which the claimant [~~alleges actual innocence.~~] whose judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence. This section shall be broadly construed in favor of the State and against any waiver of sovereign immunity."

SECTION 6. Section 661B-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Notwithstanding any other law, including the common law, to the contrary, this chapter sets forth the exclusive remedy for any person seeking compensation of any kind or nature whatsoever, as a result of, related to, or arising from a conviction and imprisonment for crimes for which the [~~person was actually innocent.~~] judgment of conviction was reversed or vacated, or the person was pardoned, on grounds consistent with innocence. This section shall be strictly construed in favor of any person against whom a claim is asserted, and against the person asserting the claim."

SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on January 1, 2525.

THE SENATE	S.B. NO.	3294
THIRTY-THIRD LEGISLATURE, 2026		S.D. 1
STATE OF HAWAII