SB 3294: AG; DCR; DHS; WRONGFUL CONVICTION AND IMPRISONMENT; COMPENSATION; ANNUAL REPORT
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-03-06
Current Status:
In Progress
(2026-03-10: Received from Senate (Sen. Com. No. 399) in amended form (SD 2).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Establishes 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. Requires the Department of Corrections and Rehabilitation to notify the Department of Human Services to assign a case manager to a petitioner upon the petitioner's release. Requires 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. Clarifies that any benefits that a petitioner is qualified for, including any benefits under chapter 346, HRS, continue until the petitioner is gainfully employed or no longer qualifies for the benefits. Requires the Department of Corrections and Rehabilitation to provide a state identification card to a petitioner upon release. Requires the Department of the Attorney General to submit an annual report to the Legislature. Clarifies 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 compensation. Requires the State to prove by a preponderance of evidence that the reversal or vacation of the order of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence. Specifies that any award under chapter 661B, HRS, is only to settle claims with the State and not any third party. Prohibits the Attorney General from offsetting third-party claims against an award made under chapter 661B, HRS. Effective 1/1/2525. (SD2)
Discussed in Hearing