§ 5574 - Burden of proof; judgment; damages - Vermont Statutes

§ 5574. Burden of proof; judgment; damages

(a) A claimant shall be entitled to judgment in an action under this subchapter if the claimant establishes each of the following by a preponderance of the evidence:

(1) The complainant was convicted of a crime, was sentenced to a term of imprisonment, and served all or any part of the sentence.

(2) As a result of DNA evidence:

(A) The complainant's conviction was reversed or vacated, the complainant's information or indictment was dismissed, or the complainant was acquitted after a second or subsequent trial; or

(B) The complainant was pardoned for the crime for which he or she was sentenced.

(3) DNA evidence establishes that the complainant did not commit the crime for which he or she was sentenced.

(4) The complainant did not fabricate evidence or commit or suborn perjury during any proceedings related to the crime with which he or she was charged.

(b) A claimant awarded judgment in an action under this subchapter shall be entitled to damages in an amount to be determined by the trier of fact for each year the claimant was incarcerated, provided that the amount of damages shall not be less than $30,000.00 nor greater than $60,000.00 for each year the claimant was incarcerated, adjusted proportionally for partial years served. The damage award may also include:

(1) Economic damages, including lost wages and costs incurred by the claimant for his or her criminal defense and for efforts to prove his or her innocence.

(2) Notwithstanding the income eligibility requirements of the Vermont Health Access Plan in section 1973 of Title 33, and notwithstanding the requirement that the individual be uninsured, up to 10 years of eligibility for the Vermont Health Access Plan using state-only funds.

(3) Compensation for any reasonable reintegrative services and mental and physical health care costs incurred by the claimant for the time period between his or her release from mistaken incarceration and the date of the award.

(4) Reasonable attorney's fees and costs for the action brought under this subchapter.

(c) Damages awarded under this section:

(1) shall not be subject to any state taxes, except for the portion of the judgment awarded as attorney's fees; and

(2) shall not be offset by any services awarded to the claimant pursuant to this section or by any expenses incurred by the state or any political subdivision of the state, including expenses incurred to secure or maintain the claimant's custody or to feed, clothe, or provide medical services for the claimant.

(d) The claimant's acceptance of a damages award, compromise, or settlement as a result of a claim under this subchapter shall be in writing and, except when procured by fraud, shall be final and conclusive on the claimant, and constitute a complete release by the claimant of any claim against the state and a complete bar to any action by the claimant against the state with respect to the same subject matter.

(e) A claimant shall be entitled to compensation under this subchapter only for the years in which he or she would not otherwise have been incarcerated for another sentence. (Added 2007, No. 60, § 1.)