Risk Management & Tort Defense

Protecting Montana's Vital Assets & Resources

Exoneree Compensation Fund

As of July 1, 2021, the Exoneree Compensation Fund is available to pay a claimant who has been wrongfully convicted of felony crimes and exonerated by the courts.

Eligibility (House Bill 92, Sections 1 and 2):

  • The claimant cannot currently be serving a prison sentence.
  • The claimant must have been convicted and imprisoned for at least six months in a correctional institution for one or more felony crimes that he/she did not commit or act as an accomplice.

Process (House Bill 92, Sections 2, 3, and 4):

  • The claimant may bring a civil action against the state in the district court in which the conviction originated.

Records and Damages (House Bill 92, Sections 5, 6, and 7):

  • If the court finds that the claimant is entitled to judgment, associated convictions and arrest records are expunged.
  • Damages are awarded.

Exoneree Compensation Fund (House Bill 92, Section 8):

  • The Risk Management & Tort Defense Division administers an Exoneree Compensation Fund and pays claims from a state special revenue account as established by the 67th Montana Legislature.

The Risk Management & Tort Defense Division only pays claims as ordered by the court. If you have additional questions, please contact your attorney or legal representative.