46-32-106. (Temporary) Damages. (1) Damages, except as provided in subsection (3), awarded under this section are:
(a) $60,000 for each year of imprisonment; and
(b) $25,000 for each additional year served on parole or probation supervision or for each additional year the claimant was required to register as a sexual or violent offender, whichever is greater.
(2) Compensation awarded under this part is not subject to the monetary limitation under 2-9-108.
(3) All damages must be paid out of the account provided for in 46-32-108.
(4) A claimant is not entitled to receive compensation for any period of imprisonment during which the claimant was concurrently serving a sentence for a conviction of another crime for which the claimant was lawfully convicted and incarcerated.
(5) (a) Except as provided in subsection (5)(b), the court shall order that the award be paid as a combination of an initial payment not to exceed $100,000 or 25% of the award, whichever is greater, and the remainder as an annuity not to exceed $80,000 a year.
(b) (i) On July 1 of each year, the award increases by an amount equal to the percentage increase, if any, for the preceding calendar year in the annual average consumer price index for urban wage earners, compiled by the bureau of labor statistics of the United States department of labor or its successor agency.
(ii) The amount for any partial year must be prorated in order to compensate only for the portion of the year when the claimant was incarcerated.
(c) The claimant shall designate a beneficiary or beneficiaries for the annuity by filing a beneficiary designation with the court.
(d) The court may order that the award be paid in one lump sum if the court finds that it is in the best interests of the claimant.
(6) (a) In addition to the damages awarded pursuant to subsection (1), a claimant:
(i) is entitled to receive costs, including but not limited to the actual cost of all expenses reasonably incurred in an action brought pursuant to this part, and reasonable attorney fees, not to exceed a total of $25,000;
(ii) is entitled to up to 2 years of tuition assistance at any unit or campus of the Montana university system, which must be used during the first 5 years after receiving a damages award; and
(iii) is entitled to 1 year of state-funded medical insurance.
(b) All funds received by the claimant and the value of services provided, except any attorney fees retained by counsel, are exempt from state income taxes.
(7) The department of corrections shall provide a housing voucher pursuant to 46-23-1041 to the claimant while an action under this part is pending. (Terminates June 30, 2023--sec. 15, Ch. 574, L. 2021.)
History: En. Sec. 6, Ch. 574, L. 2021.