REPRESENTATIVES Willamowski, Seitz, Grendell, Mason

To amend section 2743.48 and to enact sections 117.52

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and 2743.49 of the Revised Code to increase the

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amount that a wrongfully imprisoned individual, in

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an action brought in the Court of Claims, is

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entitled to for each year of imprisonment, to

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provide for cost of living adjustments of that

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amount by the Auditor of State, and to allow the

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wrongfully imprisoned individual to recover any

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cost debts the wrongfully imprisoned individual

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paid the Department of Rehabilitation and

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Correction while in its custody or under its

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supervision.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2743.48 be amended and sections	13
117.52 and 2743.49 of the Revised Code be enacted to read as	14
follows:	15

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

Sec. 2743.48.  (A) As used in this section and section	24
2743.49 of the Revised Code, a "wrongfully imprisoned individual"	25
means an individual who satisfies each of the following:	26

(1) HeThe individual was charged with a violation of a	27
section of the Revised Code by an indictment or information prior	28
to, or on or after, September 24, 1986, and the violation charged	29
was an aggravated felony or felony.	30

(2) HeThe individual was found guilty of, but did not plead	31
guilty to, the particular charge or a lesser-included offense by	32
the court or jury involved, and the offense of which hethe	33
individual was found guilty was an aggravated felony or felony.	34

(3) HeThe individual was sentenced to an indefinite or	35
definite term of imprisonment in a state correctional institution	36
for the offense of which hethe individual was found guilty.	37

(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

(5) Subsequent to his sentencing and during or subsequent to	46
his imprisonment, an error in procedure resulted in the	47
individual's release, or it was determined by a court of common	48
pleas that the offense of which hethe individual was found	49
guilty, including all lesser-included offenses, either was not	50
committed by himthe individual or was not committed by any	51
person.	52

(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

(C)(1) In a civil action under this section, a wrongfully	72
imprisoned individual has the right to have counsel of histhe	73
individual's own choice.	74

(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

(2) In a civil action as described in division (D) of this	114
section, upon presentation of requisite proof to the court, a	115
wrongfully imprisoned individual is entitled to receive a sum of	116
money that equals the total of each of the following amounts:	117

(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

(c) Any loss of wages, salary, or other earned income that	135
directly resulted from histhe wrongfully imprisoned individual's	136
arrest, prosecution, conviction, and wrongful imprisonment;	137

(d) The amount of the following cost debts the department of	138
rehabilitation and correction recovered from the wrongfully	139
imprisoned individual who was in custody of the department or	140
under the department's supervision:	141

(i) Any user fee or copayment for services at a detention	142
facility, including, but not limited to, a fee or copayment for	143
sick call visits;	144

(ii) The cost of housing and feeding the wrongfully	145
imprisoned individual in a detention facility;	146

(iii) The cost of supervision of the wrongfully imprisoned	147
individual;	148

(iv) The cost of any ancillary services provided to the	149
wrongfully imprisoned individual.	150

(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

(2) If the wrongfully imprisoned individual was represented	162
in the civil action under this section by counsel of histhe	163
wrongfully imprisoned individual's own choice, the court of claims	164
shall include in the judgment entry referred to in division (F)(1)	165
of this section an award for the reasonable attorney's fees of	166
that counsel. These fees shall be paid as provided in division	167
(G) of this section.	168

(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

(G) The clerk of the court of claims shall forward a	179
certified copy of a judgment under division (F) of this section to	180
the president of the controlling board. The board shall take all	181
actions necessary to cause the payment of the judgment out of the	182
emergency purposes special purpose account of the board.	183

(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) The auditor of state shall calculate the adjustment	218
under division (A)(1) of this section on or before the	219
thirty-first day of January of each odd-numbered year. The auditor	220
of state shall base the adjustment on the most current consumer	221
price index that is described in division (A)(1) of this section	222
and that is in effect as of the first day of January of each	223
odd-numbered year.	224

(B)(1) The auditor of state shall certify the calculations	225
made under division (A) of this section on or before the	226
thirty-first day of January of each odd-numbered year.	227

(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

(3) On or before the fifteenth day of February of each	242
odd-numbered year, the auditor of state shall transmit the report	243
to the general assembly and to the court of claims.	244

Section 2. That existing section 2743.48 of the Revised Code	246
is hereby repealed.	247

Section 3. Sections 117.52, 2743.48, and 2743.49 of the	248
Revised Code, as amended or enacted by this act, apply to civil	249
actions for wrongful imprisonment in the Court of Claims commenced	250
on or after the effective date of this act, or commenced prior to	251
and pending on the effective date of this act.	252