N.J. Stat. tit. 52, ch. 4C

N.J. Stat. tit. 52, ch. 4C
in effect

N.J. Stat. § 52:4C-1 Findings, declarations relative to persons mistakenly imprisoned.

1. The Legislature finds and declares that innocent persons who have been convicted of crimes and subsequently imprisoned have been frustrated in seeking legal redress and that such persons should have an available avenue of redress to seek compensation for damages. The Legislature intends by enactment of the provisions of this act that those innocent persons who can demonstrate by clear and convincing evidence that they were mistakenly convicted and imprisoned be able to recover damages against the State. In light of the substantial burden of proof that must be carried by such persons, it is the intent of the Legislature that the court, in exercising its discretion as permitted by law regarding the weight and admissibility of evidence submitted pursuant to this section, may, in the interest of justice, give due consideration to difficulties of proof caused by the passage of time, the death or unavailability of witnesses, the destruction of evidence or other factors not caused by such persons or those acting on their behalf. L.1997, c.227, s.1; amended 2013, c.171, s.1.

N.J. Stat. § 52:4C-2 Suit for damages.

2. a. Notwithstanding the provisions of any other law, any person convicted and subsequently imprisoned for one or more crimes which he did not commit may, under the conditions hereinafter provided, bring a suit for damages in Superior Court against the Department of the Treasury. b. Any award of damages to such person in an action against the State or any political subdivision thereof or against any employee of the State or any political subdivision thereof with respect to the same subject matter shall be offset by any award of damages awarded under this act. L.1997, c.227, s.2; amended 2013, c.171, s.2.

N.J. Stat. § 52:4C-3 Evidence claimant must establish.

3. The person (hereinafter titled, "the claimant") shall establish the following by clear and convincing evidence: a. That he was convicted of a crime and subsequently sentenced to a term of imprisonment, served all or any part of his sentence; and b. He did not commit the crime for which he was convicted; and c. He did not commit or suborn perjury, fabricate evidence, or by his own conduct cause or bring about his conviction. Neither a confession or admission later found to be false shall constitute committing or suborning perjury, fabricating evidence, or causing or bringing about his conviction under this subsection; and d. He did not plead guilty to the crime for which he was convicted. L.1997, c.227, s.3; amended 2013, c.171, s.3.

N.J. Stat. § 52:4C-4 Time to bring suit.

4. The suit, accompanied by a statement of the facts concerning the claim for damages, verified in the manner provided for the verification of complaints in civil actions, shall be brought by the claimant within a period of two years after his release from imprisonment, or after the grant of a pardon to him; provided, however, that any eligible claimant released or pardoned during the five-year period prior to May 2, 1996 shall have two years from the effective date of this act to file a suit. L.1997,c.227,s.4.

N.J. Stat. § 52:4C-5 Damages, attorney fees.

5. a. (1) Damages awarded under this act shall not exceed the greater of: (a) twice the amount of the claimant's income in the year prior to his incarceration; or (b) $50,000 for each year of incarceration. (2) In the event that damages exceed $1 million, the court may order that the award be paid as an annuity with a payout over a maximum period of 20 years. The court shall consider the best interests of the claimant in making such determination. b. In addition to the damages awarded pursuant to subsection a., the claimant shall be entitled to receive reasonable attorney fees and costs related to the litigation. A claimant may also be awarded other non-monetary relief as sought in the complaint including, but not limited to vocational training, tuition assistance, counseling, housing assistance, and health insurance coverage as appropriate. c. Damages awarded under this act shall not be subject to treatment as gross income to the claimant under the provisions of the "New Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq. L.1997, c.227, s.4; amended 2013, c.171, s.4.

N.J. Stat. § 52:4C-6 Noneligibility.

6. a. A person serving a term of imprisonment for a crime other than a crime of which the person was mistakenly convicted shall not be eligible to file a claim for damages pursuant to the provisions of this act. b. A person shall not be eligible to file a claim for damages pursuant to the provisions of this act if the sentence for the crime of which the person was mistakenly convicted was served concurrently with the sentence for the conviction of another crime. L.1997,c.227,s.6.

N.J. Stat. § 52:4C-7 Applicability of act.

6. The provisions of this amendatory and supplementary act (P.L.2013, c.171) shall apply to any claimant released from imprisonment or granted a pardon on or after the effective date of this act. L.2013, c.171, s.6.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026