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: Feb 10, 2022
BILL NUMBER: HB 1283 BILL AMENDED: Feb 10, 2022
SUBJECT: Burden of Proof for Exoneration Payments.
FIRST AUTHOR: Rep. Steuerwald BILL STATUS: CR Adopted - 2
nd
House
FIRST SPONSOR: Sen. Young M
FUNDS AFFECTED:XGENERAL IMPACT: State
XDEDICATED
FEDERAL
Summary of Legislation: (Amended) Proof of Wrongful Incarceration– 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.
Suspension of Payments– The bill requires compensation payments to be suspended during any period in
which charges are pending against the person.
Effective Date: July 1, 2022.
Explanation of State Expenditures: Proof of Wrongful Incarceration– 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.
(Revised) Suspension of Payments– There may be some minor savings of exoneration payments as a result
of this provision when a person is charged with an unrelated crime from the crime for which they are
receiving exoneration payments. However, any such occurrences would likely be rare.
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.
HB 1283 1 Explanation of State Revenues:
Explanation of Local Expenditures:
Explanation of Local Revenues:
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