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130th MAINE LEGISLATURE |
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LD 478 |
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LR 850(03) |
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An Act To
Establish a Fund To Compensate Unjustly Incarcerated Persons |
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Fiscal Note for
Bill as Amended by Committee Amendment " " |
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Committee: Judiciary |
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Fiscal Note Required: Yes |
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Fiscal Note |
Potential current biennium cost increase - General Fund |
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FY 2021-22 |
FY 2022-23 |
Projections FY 2023-24 |
Projections FY 2024-25 |
Appropriations/Allocations |
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Other Special Revenue Funds |
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$500 |
$500 |
$500 |
$500 |
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Fiscal Detail
and Notes |
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Currently, an
individual must be pardoned in order to be considered for compensation for
being wrongly incarcerated and a maximum compensation of $300,000 is paid
from the General Fund. This bill establishes a new process, providing $50,000
for each year of imprisonment and $10,000 for each year served as a
registered sex offender, limited to $500,000. This total would be an
additional $200,000 per person compared with current law. |
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Any compensation
is paid from the newly established Unjustly Incarcerated Persons Compensation
Fund, which will be funded by amounts authorized to be transferred by the
Legislature from the unappropriated surplus of the General Fund. The total
additional cost to the General Fund will depend on the number of unjustly
incarcerated people who apply for compensation and the amount each is
entitled to receive. The bill includes Other Special Revenue Funds
allocations of $500 beginning in fiscal year 2021-22 to the Department of
Financial and Administrative Services to establish and keep active the
Unjustly Incarcerated Persons Fund. |
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The bill also
requires a person seeking compensation to file a claim in District Court.
This will increase the number of civil suits filed in the court system. There
is currently a $300 fee for jury trials, which is split between the General
Fund ($273) and the Civil Legal Services Fund ($27). |
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