(1) As used in this section, unless the context otherwise requires:
(a) "Annual payment" means a payment of monetary compensation made by the state court administrator or his or her designee to an exonerated person pursuant to this section. An annual payment shall be in the amount of one hundred thousand dollars, which amount shall be adjusted annually by the state auditor to account for inflation; except that:
If the remaining amount of the state's duty of monetary compensation owed to theexonerated person is less than one hundred thousand dollars, the amount of the annual payment shall be equal to the remaining amount; and
The amount of an annual payment may be reduced as described in subsection (5) ofthis section.
"Exonerated person" means a person who has been determined by a district courtpursuant to section 13-65-102 to be actually innocent, as defined in section 13-65-101 (1).
"Incarceration" means a person's custody in a county jail or a correctional facilitywhile he or she serves a sentence issued pursuant to the person's conviction of a felony or pursuant to the person's adjudication as a juvenile delinquent for the commission of one or more offenses that would be felonies if committed by a person eighteen years of age or older. For the purposes of this section, "incarceration" includes placement as a juvenile to the custody of the state department of human services or a county department of human or social services.
"Personal financial management instruction course" means a personal financial management instruction course that has been approved by the United States trustee's office pursuant to 11 U.S.C. sec. 111.
"State's duty of monetary compensation" means the total amount of monetary compensation owed by the state to an exonerated person.
(2) Not more than fourteen days after the state court administrator receives directions from a district court pursuant to section 13-65-103 to compensate an exonerated person, the state court administrator shall:
Issue an annual payment to the exonerated person. Annually thereafter, on or beforethe date that such payment was made, until the state's duty of monetary compensation is satisfied, the state court administrator or his or her designee shall issue an annual payment to the exonerated person.
Pay on the exonerated person's behalf any amount of compensation for child supportpayments owed by the exonerated person that became due during his or her incarceration, or any amount of interest on child support arrearages that accrued during his or her incarceration but which have not been paid, as described in section 13-65-103 (2)(e)(III). The state court administrator, or his or her designee, shall make such payment in a lump sum to the appropriate county department of human or social services or other agency responsible for receiving such payments not more than thirty days after the state court administrator receives directions from a district court to compensate an exonerated person pursuant to section 13-65-103.
Pay on the exonerated person's behalf the amount of reasonable attorney fees awarded to the exonerated person pursuant to section 13-65-103 (2)(e)(IV).
The amount of any payment made to, or on behalf of, an exonerated person pursuantto this section shall be deducted from the state's duty of monetary compensation to the exonerated person.
Notwithstanding the provisions of paragraph (a) of subsection (2) of this section,after the state court administrator has issued one annual payment to an exonerated person, the state court administrator shall not issue another annual payment to the exonerated person until the exonerated person has completed a personal financial management instruction course.
In each year in which the state court administrator issues an annual payment to anexonerated person, the person's annual payment shall be reduced by ten thousand dollars if the person fails to present to the state court administrator a policy or certificate showing that the person has purchased or otherwise acquired a qualified health plan for himself or herself and his or her dependents that is valid for at least six months. Such amount shall be deducted from the state's duty of monetary compensation to the exonerated person as if such amount had been issued to the exonerated person.
(a) An exonerated person who receives monetary compensation pursuant to this section shall reimburse the state for the total amount of annual payments made to the exonerated person pursuant to this section if:
The exonerated person prevails in or settles a civil action against the state or againstany other government body in a civil action concerning the same acts that are the bases for the petition for compensation; and
The judgment rendered in the civil action or the settlement of the civil action includes an award of monetary damages to the exonerated person.
(b) For the purposes of paragraph (a) of this subsection (6), in any proceeding that satisfies the description set forth in said paragraph (a), upon a satisfactory showing by the state that the exonerated person has received monetary compensation pursuant to this section, the court shall offset a sufficient amount of moneys from the exonerated person's award of monetary damages to reimburse the state for such monetary compensation. The court shall transfer such moneys to the state treasurer, who shall credit the moneys to the general fund.
(7) Notwithstanding any provision of this section, the state court administrator shall not issue an annual payment to an exonerated person if:
(a) (I) The exonerated person has prevailed in or settled a civil action for monetary damages as described in subsection (6) of this section; and
(II) The amount of the monetary damages awarded by the court in the civil action, or stipulated in the settlement of the action, and collected by the exonerated person equals or exceeds the remaining amount of the state's duty of monetary compensation to the exonerated person;
The exonerated person is convicted of a class 1 or class 2 felony, or of an offense thatwould be considered a class 1 or class 2 felony in Colorado, after the date upon which a court issues an order of compensation on the person's behalf; or
The person has not yet completed a personal financial management instruction course, as required by subsection (4) of this section.
(8) (a) At any point after the state court administrator makes an annual payment to an exonerated person pursuant to subsection (2) of this section, the exonerated person may elect to receive the remaining balance of the state's duty of monetary compensation in a lump sum by:
Notifying the state court administrator, the governor, and the general assembly ofsuch election, which notification must be provided in writing;
Completing a personal financial management instruction course; and(III) Acquiring and committing to maintain a qualified health insurance plan.
(b) Upon receiving written documentation that an exonerated person has satisfied the requirements described in subsection (8)(a) of this section, the state court administrator shall pay to the exonerated person the balance of the state's duty of monetary compensation not later than one year after receiving such written documentation.
Source: L. 2013: Entire section added, (HB 13-1230), ch. 409, p. 2423, § 3, effective June 5. L. 2017: (8) added, (SB 17-125), ch. 109, p. 395, § 1, effective April 4. L. 2018: (1)(c) and (2)(b) amended, (SB 18-092), ch. 38, p. 398, § 6, effective August 8.
Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 409, Session Laws of Colorado 2013. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.