LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 7181 NOTE PREPARED: Jan 4, 2022
BILL NUMBER: HB 1283 BILL AMENDED:
SUBJECT: Burden of Proof for Exoneration Payments.
FIRST AUTHOR: Rep. Steuerwald BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State
DEDICATED
FEDERAL
Summary of Legislation: The bill provides that a person applying to the Indiana Criminal Justice Institute
seeking compensation for wrongful incarceration must prove that he or she is actually innocent by a
preponderance of the evidence.
Effective Date: July 1, 2022.
Explanation of State Expenditures: Summary– The bill would establish “preponderance of the evidence”
as the legal standard to determine actual innocence for an exonerated person to qualify for compensation
payments for wrongful incarceration. The Indiana Criminal Justice Institute (CJI) anticipates the adoption
of this standard would not have a broadening effect on the number of applications for compensation being
approved in future years.
The CJI would likely be able to implement the bill’s provisions with existing staff and resources.
Additional Information– When an exonerated offender is awarded payment for wrongful conviction and
incarceration, the total payment awarded is provided in five equal annual payments. For FY 2021, there were
three exonerated persons that received compensation payments totaling $206,382.
Explanation of State Revenues:
Explanation of Local Expenditures:
Explanation of Local Revenues:
HB 1283 1 State Agencies Affected: CJI, DOC.
Local Agencies Affected:
Information Sources: Devon McDonald, Executive Director of CJI, and Ashley Merritt, CJI.
Fiscal Analyst: Chris Baker, 317-232-9851.
HB 1283 2