Montana State Legislature
HJ 36 Study of Wrongfully Convicted Persons
HJ 36: Study of Compensation for Wrongfully Convicted Persons
Study Background: When released and upon reentry into society, wrongfully convicted individuals face unique challenges related to reentry and might require services, such as housing, health care, transportation, and employment assistance. Although Montana has a statute to provide educational aid to exonerated individuals, the statute has not been funded nor are there other types of required assistance.
The HJ 36 study, sponsored by Rep. Joel Krautter in the 2019 legislative session, requested that an interim committee explore options related to appropriate compensation for these individuals, including the type of compensation, eligibility requirements, application and adjudication processes, the entity to administer the compensation, any additional services or compensation, and the sources of funding for the claims. The study also requested a review of plans developed in other states, by the federal government, and in the District of Columbia.
Documents generated during the LJIC's 2019-2020 study are available on this page. To view committee meetings in the 2019-2020 interim, click on the Meeting Minutes tab on the LJIC home page. To view legislative proposals from the meetings, click on the Legislation tab on the LJIC home page.
Study Summary -- November 2020
Committee Bill for the 2021 Session from the HJ 36 Study
- LC 485 - Establish compensation program for wrongfully convicted individuals
Legislative Services Staff Reports
- Memo: Sample exclusive remedy clauses -- May 29, 2020
- Memo: Civil standards of proof -- May 29, 2020
- Handout from September 9, 2019, meeting -- Frank Knaack, Montana Innocence Project
- National Landscape of Compensation Laws -- Innocence Project
- September 9, 2019, meeting presentation slides -- Michelle Feldman, Innocence Project
- Kansas statute 60-5004 (2018) -- Innocence Project
- Nevada AB 267 (2019) -- Innocence Project
- Comparison of State Compensation Laws, May 29, 2020 -- Innocence Project
- Montana Exoneree Compensation: Key Questions and Issues, May 29, 2020 -- Innocence Project
- Montana Costs: Lawsuits and Compensation, May 29, 2020 -- Innocence Project