46-32-102 (Temporary) Contents of petition -- establishment of claim for compensation. (1) A claimant may bring a civil action against the state and county of conviction in the district court in which the conviction originated to seek the relief provided for in 46-32-106. All claims of compensation are governed by the Montana Rules of Civil Procedure. The claim must be:

(a) accompanied by a statement of facts explaining the basis of the claim, including a proffer establishing actual innocence;

(b) written and verified by the claimant under penalty of perjury; and

(c) filed within a period of 3 years after:

(i) dismissal of the criminal charges against the claimant or a finding of not guilty on retrial; or

(ii) the grant of a pardon to the claimant if the pardon is based on innocence for the act that was the basis of the conviction.

(2) A claimant convicted, imprisoned, and released from custody before July 1, 2021, who intends to bring an action under this part shall commence the action no later than July 1, 2024.

(3) All pleadings must be captioned as follows: "In the matter of the wrongful conviction of [name of claimant]."

(4) (a) A claimant who meets the criteria in subsection (1) and intends to bring an action under this part must receive a transition assistance grant of $5,000 from the department of corrections within 30 days of the claimant's release from imprisonment.

(b) The claimant shall verify by affidavit filed with the department of corrections that the claimant satisfies the requirements set forth in subsection (1), under penalty of perjury.

(c) If the claimant fails to file a claim within the time period described in this section or if the claim is denied by the district court, the claimant shall reimburse the state in the amount of $5,000 within 1 year following receipt of the grant money. (Terminates June 30, 2023--sec. 15, Ch. 574, L. 2021.)