SB27 Alabama 2010 Session

Existing law does not provide for a commission to investigate and determine claims of innocence of a person convicted of a felony

This bill would establish the Alabama Innocence Inquiry Commission to investigate and determine claims of factual innocence of a person convicted of a felony

This bill would provide for commission membership, officers, meetings, terms of office, expenses, and duties

This bill would provide for a director, staff, and duties; claims of innocence; formal inquiry and notification to the victim of the crime; three-judge panel and their duties; and reports

To establish the Alabama Innocence Inquiry Commission; to provide for membership, officers, meetings, terms of office, expenses, and duties; to provide for a director, staff, and duties; to provide for claims of innocence; to provide for formal inquiry and victim notification; to provide for a three-judge panel and their duties; and to provide for reports. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. There is established the Alabama Innocence Inquiry Commission. Section 2. As used in this act, the following words shall have the following meanings: (1) CLAIM OF FACTUAL INNOCENCE. A claim on behalf of a living person convicted of a felony in any circuit court within the State of Alabama asserting the complete innocence of any criminal responsibility for the felony for which the person was convicted and for any other reduced level of criminal responsibility relating to the crime, and for which there is some credible, verifiable evidence of innocence that has not previously been presented at trial or considered at a hearing granted through post conviction relief. (2) COMMISSION. The Alabama Innocence Inquiry Commission. (3) DIRECTOR. The Director of the Alabama Innocence Inquiry Commission. (4) VICTIM. The victim of the crime, or if the victim of the crime is deceased, the next of kin of the victim. Section 3. (a) The commission shall consist of nine members to be appointed in the following manner: (1) A district attorney currently holding office at the time of his or her appointment appointed by the Governor for a term of three years. (2) A private citizen appointed by the Governor for a term of three years. (3) A victim's advocate appointed by the Lieutenant Governor for a term of three years. (4) A private citizen appointed by the Lieutenant Governor for a term of three years. (5) A criminal defense attorney appointed by the Senate President Pro Tempore for a term of three years. (6) A private citizen who is not an attorney or an officer or employee of the Administrative Office of Courts appointed by the Speaker of the House of Representatives for a term of three years. (7) A sheriff currently holding office at the time of his or her appointment appointed by the Speaker Pro Tempore of the House of Representatives for a term of two years. (8) A private citizen appointed by the Chief Justice of the Alabama Supreme Court for a term of two years. (9) A circuit judge appointed by the Chief Justice of the Alabama Supreme Court for a term of two years. (b) After the initial term of office, each member shall be appointed for a term of four years. A vacancy occurring other than by expiration of term of office shall be filled in the same manner as the original appointment, for the unexpired term. (c) Members of the commission shall have its initial meeting no later than six months after the passage of this act and at least quarterly thereafter or at other times as the chair deems appropriate. A chair of the commission shall be elected by the membership at the first meeting of the commission and every four years thereafter. (d) The commission members shall receive no salary for serving, but shall be entitled to reimbursement for all necessary expenses incurred in the performance of their official duties in accordance with state travel laws. Section 4. The commission shall have the following duties and powers: (1) Establish the criteria and screening process to be used to determine which cases shall be accepted for review. (2) Conduct inquiries into claims of factual innocence, with priority to be given to those cases in which the convicted person is currently incarcerated solely for the crime for which he or she claims factual innocence. (3) Coordinate the investigation of cases accepted for review. (4) Maintain records for all case investigations. (5) Prepare written reports outlining commission investigations and recommendations to the trial court at the completion of each inquiry. (6) Apply for and accept any funds that may become available for the work of the commission from government grants, private gifts, donations, or bequests from any source. Section 5. (a) The commission shall employ a director. The director shall be an attorney licensed to practice in Alabama at the time of appointment and at all times during service as director. The director shall assist the commission in developing rules and standards for cases accepted for review, coordinate investigation of cases accepted for review, maintain records for all case investigations, prepare reports outlining commission investigations and recommendations to the trial court, and apply for and accept on behalf of the commission any funds that may become available from government grants, private gifts, donations, or bequests from any source. The director shall provide clerical and administrative assistance to the commission. (b) Subject to the approval of the chair and as funds permit, the director shall employ such other staff and shall contract for services as is necessary to assist the commission in the performance of its duties. The director and his or her staff shall not be subject to the state Merit System. Section 6. (a) A claim of factual innocence may be referred to the commission by any court, person, or agency. The commission may not consider a claim of factual innocence if the convicted person is deceased. The determination of whether to grant a formal inquiry regarding any claim of factual innocence shall be at the discretion of the commission. The commission may informally screen and dismiss a case summarily. (b) No formal inquiry into a claim of innocence may be made by the commission unless the director or his or her designee first obtains a signed agreement from the convicted person in which the convicted person waves his or her procedural safeguards and privileges, agrees to cooperate with the commission, and agrees to provide full disclosure regarding all inquiry requirements of the commission. The waiver under this subsection shall not apply to matters unrelated to a convicted person's claim of innocence. The convicted person shall have the right to advice of counsel prior to the execution of the agreement and, if a formal inquiry is granted, throughout the formal inquiry. If counsel represents the convicted person, then the convicted person's counsel shall be present at the signing of the agreement. If counsel does not represent the convicted person, the commission chair shall determine the indigency status of the convicted person and, if appropriate, enter an order for the appointment of counsel for the purpose of advising on the agreement. (c) If a formal inquiry regarding a claim of factual innocence is granted, the director shall use all due diligence to notify the victim in the case and explain the inquiry process. The commission shall give the victim notice that the victim has the right to present his or her views and concerns throughout the investigation by the commission. (d) The commission may use any measure to obtain information necessary to its inquiry. The commission may also do any of the following: Issue process to compel the attendance of witnesses and the production of evidence; administer oaths; petition the Circuit Court of Montgomery County or the circuit court of conviction for enforcement of process or for other relief; and prescri