H678 - Amend Innocence Commission Statutes. (SL 2016-73)

Overview: S.L. 2016-73 amends the process to claim factual innocence and makes changes to the Innocence Inquiry Commission (Commission) proceedings in the following ways:

• Directs the Commission Director to report to the Director of the Administrative Office of the Courts (AOC), who must consult with the Commission Chair.
• Limits the types of direct claims made by prisoners to specific felonies while any other claims must be referred by counsel.
• Creates a process to address co-defendants in a pending claim of factual innocence.
• Requires a confidential case status update by the Commission Director at least every six months.
• Specifies the parties that should be served with notice at various points in the Commission investigation.
• Requires that the final, full Commission meetings be public.
• Authorizes the District Attorney and defense counsel to bypass the Commission by consenting to judicial review.
• Makes the Commission's entire file available to both the district attorney and defense counsel if the case goes forward to judicial review.
• Clarifies counsel for indigent people would be appointed by the Indigent Defense Services and requests for specific legal counsel would be taken into consideration.

This act became effective August 1, 2016, and applies to any claim filed on or after that date and any claim pending on that date. However, nothing in this act abates a claim filed prior to that date or invalidates any action taken on a claim prior to that date.