SB 5520 — Concerning the wrongly convicted persons act.

25 (1970) or State v.

Newton, 87 Wn.2d 363 (1976);

or (C) The claimant was retried and not convicted;

(d) ((The claimant did not engage in any illegal)) A preponderance of the evidence no longer supports a finding that the claimant engaged in the conduct ((alleged)) charged as a felony in the charging documents;

((A))A Anyguilty p.plea to a crime the claimant did not commit, or a confession that is ((later determined by a court to be)) false or illegally obtained, does not ((automatically)) constitute perjury or fabricated evidence under this subsection.

5 SSB 5520 form of guilty plea to a crime the claimant did not commit, or a confession that is ((later determined by a court to be)) false or illegally obtained, does not ((automatically)) constitute perjury or fabricated evidence under this subsection.

(4) The claimant may not be compensated for any period of time in which he or she was serving a term of imprisonment or a concurrent sentencep. or civil detention for any conviction other than the felony or felonies that are the basis for the claim.

(5)5 IfSB the5520 jurysentence or,for inany theconviction caseother wherethan the rightfelony toor afelonies jury is waived, the court finds by clear and convincing evidence that theare claimant was wrongly convicted, the courtbasis mustfor order the stateclaim. to pay the actually innocent claimant the following compensation award, as adjusted for partial years served and to account for inflation from July 28, 2013:

(a)(5) ((FiftyIf thousandthe dollars))jury $50,000or, forin eachthe yearcase ofwhere actualthe confinementright includingto timea spentjury awaitingis trialwaived, orthe incourt civilfinds detentionby resultingclear onlyand fromconvincing evidence that the wrongfulclaimant conviction,was andwrongly anconvicted, additionalthe ((fiftycourt thousandmust dollars))order $50,000the state to pay the actually innocent claimant the following compensation award, as adjusted for eachpartial yearyears served underand ato sentenceaccount offor deathinflation ((pursuantfrom to((July chapter28, 10.952013)) RCW));the effective date of this section:

(b)(a) ((Twenty-five((Fifty thousand dollars)) $25,000$70,000 for each year servedof onactual parole,confinement communityincluding custody,time orspent asawaiting atrial registeredand sexan offenderadditional pursuant((fifty onlythousand todollars)) the$70,000 felonyfor oreach feloniesyear whichserved areunder groundsa forsentence theof claim;death ((pursuant to chapter 10.95 RCW));

(b) ((Twenty-five thousand dollars)) $35,000 for each year served on parole, community custody, or as a registered sex offender pursuant only to the felony or felonies which are grounds for the claim;

and p.(d) Reimbursement for all restitution, assessments, fees, court costs, and all other sums paid by the claimant as required by pretrial orders and the judgment and sentence((;

6 SSB 5520 (d) Reimbursement for all restitution, assessments, fees, court costs, and all other sums paid by the claimant as required by pretrial orders and the judgment and sentence((;

(6) The court shall award reasonable attorneys' fees and expenses pursuant to chapter 4.84 RCW to a prevailing claimant for successfully bringing the wrongful conviction claim ((calculated at ten percent of the monetary damages awarded under subsection (5)(a) and (b) of this section, plus expenses.

These)).These)) pursuant to chapter 4.84 RCW.

Attorneys' fees and expenses may not be deducted from the compensation award due to the claimant and counsel is not entitled to receive additional fees or expenses from the client related to the claim.

(((7)))p. (8) The court may not offset the compensation award by any expenses incurred by the state, the county, or any political subdivision of the state including, but not limited to, expenses incurred to secure the claimant's custody, or to feed, clothe, or provide medical services for the claimant.

6 SB 5520 (((7))) (8) The court may not offset the compensation award by any expenses incurred by the state, the county, or any political subdivision of the state including, but not limited to, expenses incurred to secure the claimant's custody, or to feed, clothe, or provide medical services for the claimant.

(((10))) (11) Upon request of the claimant, the court must refer the claimant to the department of corrections or the department of social and health services for access to reentry services, if available, including but not limited to ((counseling on the ability to enter into a structured settlement agreement and where to obtain free or low-cost legal and financial advice if the claimant is not p.already represented,)) the community-based transition programs and long-term support programs for education, mentoring, life skills training, assessment, job skills development, mental health and substance abuse treatment.

7 SSB 5520 already represented,)) the community-based transition programs and long-term support programs for housing, education, mentoring, life skills training, assessment, job skills development, mental health, and substance abuse treatment.

(((12))) (13) Before approving any structured settlement agreement, the court must ensure that the claimant has an adequate understandingp. of the agreement.

7 SB 5520 understanding of the agreement.

(2) The clemency and pardons board or the indeterminate sentence review board, whichever is applicable, upon issuance of a pardon, amnesty, commutation, or reprieve by the governor on grounds consistent with p.innocence on or after July 28, 2013, must provide a copy of this chapter and RCW ((4.100.020 through 4.100.090,)) 28B.15.395((,)) and 72.09.750 to the individual pardoned.

8(3) SSBIf 5520an innocenceindividual onentitled to receive the information required under this section shows that he or aftershe Julywas 28,not 2013,provided mustwith providethe ainformation, copyhe ofor thisshe chapterhas andan RCWadditional ((4.100.020((twelve throughmonths)) 4.100.090,))six 28B.15.395((,))years, andbeyond 72.09.750the statute of limitations under RCW 4.100.090, to thebring individuala pardoned.claim under this chapter.

(3) If an individual entitled to receive the information required under this section shows that he or she was not provided with the information, he or she has an additional ((twelve months)) three years, beyond the statute of limitations under RCW 4.100.090, to bring a claim under this chapter.

As a requirement to making a request for relief under this chapter, the claimant waives any and all other remedies, causes of action, and otherp. forms of relief or compensation against the state, any political subdivision of the state, and their officers, employees, agents, and volunteers related to the claimant's wrongful conviction and imprisonment.

8 SB 5520 other forms of relief or compensation against the state, any political subdivision of the state, and their officers, employees, agents, and volunteers related to the claimant's wrongful conviction and imprisonment.

(2) A release dismissal agreement, plea agreement, or any similar agreement whereby a prosecutor's office or an agent acting on its behalf agrees to take or refrain from certain action if the accused p.individual agrees to forgo legal action against the county, the state of Washington, or any political subdivision, is admissible and should be evaluated in light of all the evidence.

9 SSB 5520 individual agrees to forgo legal action against the county, the state of Washington, or any political subdivision, is admissible and should be evaluated in light of all the evidence.

(1)p. Except as provided in RCW 4.100.070, an action for compensation under this chapter must be commenced within ((three)) six years after the grant of a pardon or other executive relief, the grant of judicial relief and satisfaction of other conditions described in ((RCW 4.100.020)) this chapter, or release from custody, whichever is later.

9 SB 5520 Except as provided in RCW 4.100.070, an action for compensation under this chapter must be commenced within ((three)) six years after the grant of a pardon or other executive relief, the grant of judicial relief and satisfaction of other conditions described in ((RCW 4.100.020)) this chapter, or release from custody, whichever is later.

(2) Any person((s)) meeting the criteria set forth in ((RCW 4.100.020)) this chapter who was wrongly convicted before ((JulyJuly 28, 2013,))2013, themay effectivecommence datean ofaction under this sectionchapter whowithin maintainedthree hisyears orafter her((July innocence28, and2013)) enteredthe aeffective pleadate pursuantof tothis Northsection. Carolina v.

Alford, 400 U.S.

25 (1970) or State v.

Newton, 87 Wn.2d 363 (1976) may commence an action under this chapter within three years after ((July 28, 2013)) the effective date of this section.

(3) Any person whose claim for compensation under this chapter was denied pursuant to RCW 4.100.080 as it existed prior to amendment by section 7, chapter .

., Laws of 2026 (section 7 of this act) may file a motion to have the claim reconsidered within one year after the effective date of this section.

p.(1) Subject to the conditions in subsection (2) of this section and the limitations in RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community and technical colleges, must waive all tuition and fees for the following persons:

10 SSB 5520 (1) Subject to the conditions in subsection (2) of this section and the limitations in RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community and technical colleges, must waive all tuition and fees for the following persons:

(b) A child must be a Washington domiciliary ((agesages seventeen through twenty-six))twenty-six at least 17 years of age to be eligible for the tuition waiver.

(3)p. Private vocational schools and private higher education institutions are encouraged to provide waivers consistent with the terms of this section.

10 SB 5520 (3) Private vocational schools and private higher education institutions are encouraged to provide waivers consistent with the terms of this section.

In ascertaining whether a wrongly convicted person or child is domiciled in the state of Washington, public institutions of p.higher education must, to the fullest extent possible, rely upon the standards provided in RCW 28B.15.013.

11(d) SSB"Wrongly 5520convicted higherperson" educationmeans must,a toWashington thedomiciliary fullestwho extent((was possible,awarded relydamages uponunder theRCW standards4.100.060)) has been found actually innocent as provided in RCWchapter 28B.15.013.4.100 RCW.

(d) "Wrongly convicted person" means a Washington domiciliary who ((was awarded damages under RCW 4.100.060)) filed a successful claim under chapter 4.100 RCW.

1211 SSBSB 5520