Synopsis
This Amendment does all of the following: (1) Changes the time period for providing notice to the Department of Justice of a petition from 15 days to 90 days. (2) Clarifies that the Department of Justice can oppose a petition on the basis that the petitioner in fact committed the crime charged, and can introduce evidence of guilt in any hearing on the petition. Further, any relevant evidence, including evidence introduced at trial, the trial transcript, and any police or investigative reports can be introduced at this hearing. However, consistent with lines 63 and 64 of this Act, where there has been a prior finding from a court that the petitioner did not commit the crime that resulted in the conviction, or that there was not a crime committed, that finding is binding for purposes of the hearing. (3) Establishes that the State Treasurer, and not the Attorney General, shall report quarterly on the Wrongful Conviction Compensation Fund. (4) Makes technical changes to clarify the benefits that the State must provide to individuals who are released from incarceration as the result of the reversing, overturning, or vacating of one or more convictions. (5) Changes a requirement that may have conflicted with federal law by allowing the State to provide health and dental insurance at no cost to individuals either through Medicaid or through the Delaware Health Insurance Marketplace or other comparable insurance product. (6) Delays the effect of this Act until June 30, 2025.