Sec. 117.52. The auditor of state shall make the adjustment, | 16 |
as described in section 2743.49 of the Revised Code, of the amount | 17 |
that a wrongfully imprisoned individual, in an action brought in | 18 |
the court of claims pursuant to section 2743.48 of the Revised | 19 |
Code, may receive for each full year or part of a year of | 20 |
imprisonment and shall perform all of the functions relating to | 21 |
that adjustment as specified in section 2743.49 of the Revised | 22 |
Code. | 23 |
(4) The individual's conviction was vacated or was | 38 |
dismissed, or reversed on appeal, the prosecuting attorney in the | 39 |
case cannot or will not seek any further appeal of right or upon | 40 |
leave of court, and no criminal proceeding is pending, can be | 41 |
brought, or will be brought by any prosecuting attorney, city | 42 |
director of law, village solicitor, or other chief legal officer | 43 |
of a municipal corporation against the individual for any act | 44 |
associated with that conviction. | 45 |
(B)(1) When a court of common pleas determines, on or
after | 53 |
September 24, 1986, that a person is a wrongfully
imprisoned | 54 |
individual, the court shall provide the person with a
copy of this | 55 |
section and orally inform
himthe person and
histhe person's | 56 |
attorney of
histhe person's rights under this section to commence | 57 |
a civil
action against
the state in the court of claims because of | 58 |
histhe person's
wrongful
imprisonment and to be represented in | 59 |
that civil action by
counsel of
histhe person's own choice. | 60 |
(2) The court described in division (B)(1) of this section | 61 |
shall notify the clerk of the court of claims, in writing and | 62 |
within seven days after the date of the entry of its
determination | 63 |
that the person is a wrongfully imprisoned
individual, of the name | 64 |
and proposed mailing address of the
person and of the fact that | 65 |
the person has the rights to commence
a civil action and to have | 66 |
legal representation as provided in
this section. The clerk of | 67 |
the court of claims shall maintain in
histhe clerk's office a | 68 |
list of wrongfully imprisoned
individuals for whom
notices are | 69 |
received under this section and shall create files in
histhe | 70 |
clerk's office for each such individual. | 71 |
(2) If a wrongfully imprisoned individual who is the
subject | 75 |
of a court determination as described in division (B)(1)
of this | 76 |
section does not commence a civil action under this
section within | 77 |
six months after the entry of that determination,
the clerk of the | 78 |
court of claims shall send a letter to
himthe
wrongfully | 79 |
imprisoned individual, at
the address set forth in the notice | 80 |
received from the court of
common pleas pursuant to division | 81 |
(B)(2) of this section or to
any later address provided by the | 82 |
wrongfully imprisoned
individual, that reminds
himthe wrongfully | 83 |
imprisoned
individual of
histhe wrongfully imprisoned | 84 |
individual's
rights under this section.
Until the statute of | 85 |
limitations provided in division (H) of this
section expires and | 86 |
unless the wrongfully imprisoned individual
commences a civil | 87 |
action under this section, the clerk of the
court of claims shall | 88 |
send a similar letter in a similar manner
to
himthe wrongfully | 89 |
imprisoned individual at least once each
three months after the | 90 |
sending of the
first reminder. | 91 |
(D) Notwithstanding any provisions of this chapter to the | 92 |
contrary, a wrongfully imprisoned individual has and may file a | 93 |
civil action against the state, in the court of claims, to
recover | 94 |
a sum of money as described in this section, because of
histhe | 95 |
individual's wrongful imprisonment. The court of claims
shall | 96 |
have
exclusive, original jurisdiction over such a civil action. | 97 |
The
civil action shall proceed, be heard, and be determined as | 98 |
provided in sections 2743.01 to 2743.20 of the Revised Code, | 99 |
except that if a provision of this section conflicts with a | 100 |
provision in any of those sections, the provision in this section | 101 |
controls. | 102 |
(E)(1) In a civil action as described in division (D) of | 103 |
this section, the complainant may establish that
hethe claimant | 104 |
is a
wrongfully imprisoned individual by submitting to the court | 105 |
of
claims a certified copy of the judgment entry of the court of | 106 |
common pleas associated with
histhe claimant's conviction and | 107 |
sentencing, and a
certified copy of the entry of the determination | 108 |
of a court of
common pleas that
hethe claimant is a wrongfully | 109 |
imprisoned
individual. No
other evidence shall be required of the | 110 |
complainant to establish
that
hethe claimant is a wrongfully | 111 |
imprisoned individual, and
hethe claimant shall be
irrebuttably | 112 |
presumed to be a wrongfully imprisoned individual. | 113 |
(a) The amount of any fine or court costs imposed and
paid, | 118 |
and the reasonable attorney's fees and other expenses
incurred by | 119 |
the wrongfully imprisoned individual in connection
with all | 120 |
associated criminal proceedings and appeals, and, if
applicable, | 121 |
in connection with obtaining
histhe wrongfully
imprisoned | 122 |
individual's discharge from
confinement in the state
penal or | 123 |
reformatorycorrectional institution; | 124 |
(b) For each full year
that he was imprisonedof | 125 |
imprisonment
in the state
correctional institution for the offense | 126 |
of which
hethe wrongfully
imprisoned individual was
found guilty, | 127 |
twenty-fiveforty thousand
three hundred thirty dollars
or the | 128 |
adjusted amount determined by the auditor of state pursuant to | 129 |
section 2743.49 of the Revised Code, and for
each part of
a year | 130 |
that he wasof being so imprisoned, a
pro-rated share of | 131 |
twenty-fiveforty thousand
three hundred thirty
dollars
or the | 132 |
adjusted amount determined by the auditor of state pursuant to | 133 |
section 2743.49 of the Revised Code; | 134 |
(F)(1) If the court of claims determines in a civil action | 151 |
as described in division (D) of this section that the complainant | 152 |
is a wrongfully imprisoned individual, it shall enter judgment
for | 153 |
the wrongfully imprisoned individual in the amount of the sum
of | 154 |
money to which
hethe wrongfully imprisoned individual is
entitled | 155 |
under division (E)(2) of this
section. In determining that sum, | 156 |
the court of claims shall not
take into consideration any expenses | 157 |
incurred by the state or any
of its political subdivisions in | 158 |
connection with the arrest,
prosecution, and imprisonment of the | 159 |
wrongfully imprisoned
individual, including, but not limited to, | 160 |
expenses for food,
clothing, shelter, and medical services. | 161 |
(3) The state consents to be sued by a wrongfully
imprisoned | 169 |
individual because
histhe imprisonment was wrongful,
and
to | 170 |
liability on its part because of that fact, only as provided
in | 171 |
this section. However, this section does not affect any
liability | 172 |
of the state or of its employees to a wrongfully
imprisoned | 173 |
individual on a claim for relief that is not based on
the fact of | 174 |
histhe wrongful imprisonment, including, but not
limited
to, a | 175 |
claim for relief that arises out of circumstances occurring
during | 176 |
histhe wrongfully imprisoned individual's confinement in
the | 177 |
state correctional institution. | 178 |
(H) To be eligible to recover a sum of money as described
in | 184 |
this section because of
his wrongful imprisonment, a
wrongfully | 185 |
imprisoned individual shall not have been, prior to
September 24, | 186 |
1986, the subject of an act of the general assembly
that | 187 |
authorized an award of compensation for
histhe wrongful | 188 |
imprisonment or have been the subject of an action before the | 189 |
former sundry claims board that resulted in an award of | 190 |
compensation for
histhe wrongful imprisonment. Additionally,
to | 191 |
be
eligible to so recover, the wrongfully imprisoned individual | 192 |
shall commence a civil action under this section in the court of | 193 |
claims no later than two years after the date of the entry of the | 194 |
determination of a court of common pleas that
hethe individual
is | 195 |
a wrongfully
imprisoned individual. | 196 |
Sec. 2743.49. (A)(1) In January of each odd-numbered year, | 197 |
the auditor of state, in accordance with this division and | 198 |
division (A)(2) of this section, shall adjust the actual dollar | 199 |
figure specified in division (E)(2)(b) of section 2743.48 of the | 200 |
Revised Code or the actual dollar amount determined pursuant to | 201 |
this section. The adjustment shall be based on the yearly average | 202 |
of the previous two years of the consumer price index for all | 203 |
urban consumers or its successive equivalent, as determined by the | 204 |
United States department of labor, bureau of labor statistics, or | 205 |
its successor in responsibility, for all items, Series A. Using | 206 |
the yearly average for the immediately preceding even-numbered | 207 |
year as the base year, the auditor of state shall compare the most | 208 |
current average consumer price index with that determined in the | 209 |
preceding odd-numbered year and shall determine the percentage | 210 |
increase or decrease. The auditor of state shall multiply the | 211 |
percentage increase or decrease by the actual dollar figure | 212 |
specified in division (E)(2)(b) of section 2743.48 of the Revised | 213 |
Code or the actual dollar figure determined for the previous | 214 |
odd-numbered year under this section and shall add the product to | 215 |
or subtract the product from its corresponding actual dollar | 216 |
figure, as applicable, for the previous odd-numbered year. | 217 |
(2) On or before the fifteenth day of February of each | 228 |
odd-numbered year, the auditor of state shall prepare a report | 229 |
setting forth the amount that a wrongfully imprisoned individual | 230 |
is entitled to for each full year of imprisonment in the state | 231 |
correctional institution for the offense of which the wrongfully | 232 |
imprisoned individual was found guilty as provided in division | 233 |
(E)(2)(b) of section 2743.49 of the Revised Code and as calculated | 234 |
in accordance with this section. The report and all documents | 235 |
relating to the calculations contained in the report are public | 236 |
records. The report shall contain an indication of the period in | 237 |
which the calculated amount applies, a summary of how the amount | 238 |
was calculated, and a statement that the report and all related | 239 |
documents are available for inspection and copying at the office | 240 |
of the auditor of state. | 241 |