Eliminate the Unconstitutional Waiver Provision in CT's Wrongful Incarceration Statute
The practical effects of the current law are to delay compensation for the majority of exonerees. To the extent language in the statute was intended to reduce the liability of municipalities or local police officers, in practice it is having the opposite effect.
March 14, 2024 at 10:01 AM
5 minute read
State and Local GovernmentThere is a problem with Connecticut's wrongful incarceration compensation statute, Conn. Gen. Stat. § 54-102uu, that undermines the legislature's intent to compensate promptly the wrongly incarcerated, thereby causing them additional and unnecessary harm. When the legislature enacted § 54-102uu in 2008, it directed the claims commissioner to make "immediate payment" to exonerees. This reflects the legislature's interest in making such claims a priority. The current commissioner, Robert Shea, has expressly stated his interest in acting in accordance with the legislature's directive.
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