DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 186 Original 2019 Regular Session Larvadain
Abstract: Provides relative to the procedure by which persons who are wrongfully convicted
receive compensation from the Innocence Compensation Fund, and creates the Innocence
Compensation Board to establish the process by which the person applies for and receives
compensation disbursements from the fund.
Present law provides that any person who has served, in whole or in part, a sentence of imprisonment
under the laws of this state for a crime for which he was convicted is entitled to receive
compensation if the conviction has been reversed or vacated and the person has proved by clear and
convincing evidence that he is factually innocent of the crime for which he was convicted.
In this regard, present law does all of the following:
(1)Provides that all petitions for such compensation shall be filed in the district court in which
the original conviction was obtained and shall be randomly re-allotted by the court and shall
be governed by procedures outlined in present law.
(2)Requires the attorney general to represent the state of La. in these proceedings.
(3)Provides that, after a contradictory hearing with the attorney general, the court shall
determine whether the petitioner is entitled to compensation because he is found to be
factually innocent of the crime for which he was convicted.
If the court determines that the petitioner is entitled to compensation, present law requires
the court to order that the petitioner receive the following:
(a)Compensation for the physical harm and injury suffered by the petitioner in an
amount equal to $25,000 per year incarcerated, not to exceed a maximum total
amount of $250,000. Such compensation is payable from the Innocence
Compensation Fund at a rate of $25,000 annually.
(b)Compensation for the loss of life opportunities resulting from the time spent
incarcerated. In this regard, the court shall review requests for payment and order
payment, not to exceed $80,000, which the court finds reasonable and appropriate.
Such compensation shall be paid from the Innocence Compensation Fund and only
for the following purposes: (i)The costs of job-skills training for three years.
(ii)Appropriate medically necessary medical and counseling services for six
years.
(iii)Tuition, fees, and certain other expenses associated with attendance at any
community college or unit of the public university system of the state of
Louisiana for ten years after the release of the petitioner.
(4)Establishes in the state treasury a special fund, to be known as the Innocence Compensation
Fund, administered by the La. Commission on Law Enforcement and Administration of
Criminal Justice (LCLE).
In this regard, present law provides that the fund shall be used exclusively to compensate
petitioners who are found to be factually innocent of the crime of which they were convicted.
Act No. 612 of the 2018 R.S., eliminates the present law Innocence Compensation Fund
effective July 1, 2020, and upon elimination of the fund, provides for the payment of
compensation awarded pursuant to present law from the state general fund.
(5)Requires the court, the judicial administrator of the La. Supreme Court, and LCLE to
annually prepare and submit a report on the number of wrongful conviction compensation
awards granted and the total amount of funds distributed.
Proposed law, effective Aug. 1, 2019, establishes the Innocence Compensation Board (ICB) under
the jurisdiction of LCLE in the office of the governor and provides that the ICB shall be comprised
of the following members or their designees who shall serve without additional compensation: the
executive director of LCLE who shall serve as chair of the board, the attorney general, the executive
director of the La. District Attorneys Assoc., the president of the La. Assoc. of Criminal Defense
Lawyers, the commissioner of higher education, the secretary of the La. Dept. of Health, and the
secretary of the La. Workforce Commission.
Proposed law requires the ICB to do the following:
(1)Establish, by rule adopted pursuant to the Administrative Procedure Act, a procedure by
which persons who have been determined by the court to be entitled to compensation
pursuant to present law may apply to receive such compensation from the Innocence
Compensation Fund.
(2)Hold quarterly meetings to review applications for compensation received in the prior three-
month period, unless no new applications were filed since the prior quarterly meeting.
(3)Issue payment of compensation ordered by the court for physical harm and injury suffered
by the petitioner pursuant to present law to any petitioner who files an application pursuant
to the procedures established by the ICB.
(4)Review each application received for compensation for loss of life opportunities ordered by the court and determine whether the compensation applied for meets the criteria set forth in
present law.
In this regard, proposed law retains the specific purposes for which a person may receive
compensation for the loss of life opportunities but removes the time limitation within which
such compensation is required to be paid.
(5)Beginning in 2020, annually report to the governor and legislature the number of wrongful
conviction compensation awards granted and the total amount of funds distributed. Proposed
law no longer requires LCLE to report this information.
With regard to the procedure by which persons who are wrongfully convicted receive compensation,
proposed law does all of the following effective March 1, 2020:
(1)Provides that any person who is determined to be factually innocent and who is ordered by
the court to receive compensation shall apply to receive such compensation from the ICB
pursuant to the provisions of proposed law and the procedures adopted by the ICB for
purposes of proposed law.
(2)Provides that a person who is ordered eligible to receive compensation for loss of life
opportunities shall apply to the ICB to receive compensation and may continue to apply to
the ICB for compensation for loss of life opportunities until all funds allotted to the person
have been disbursed.
(3)Provides that if the ICB determines that the loss of life opportunity for which the applicant
seeks to be compensated satisfies the criteria provided by proposed law and that the
maximum amount allotted to the applicant has not been fully disbursed, it shall issue
payment to the applicant to cover the eligible costs.
(4)Provides that if the ICB determines that the loss of life opportunity for which the applicant
seeks to be compensated does not satisfy the proposed criteria, it shall issue a written
decision to the applicant stating the reasons for its determination. The applicant may then
appeal the ICB's decision to the district court in which the order for wrongful conviction and
eligibility for loss of life opportunity compensation was issued.
Effective Aug. 1, 2019, proposed law does both of the following:
(1)Repeals a provision of present law (C.C.P. Art. 87) that conflicts with the present law
requirement that petitions for wrongful conviction be filed in the district court in which the
original conviction was obtained.
(2)Provides that Act No. 612 of the 2018 R.S., that eliminates the present law Innocence
Compensation Fund effective July 1, 2020, shall not go into effect and that the provisions
of proposed law shall control. (Amends R.S. 15:572.8(A)(intro. para.) and (1), (C), (E), (F), (G)(intro. para.), (H), (N)(1) and (3),
(O)(1), (2), and (3), and (P); Adds R.S. 15:572.8.1 and 572.8.2; Repeals R.S. 15:572.8(R) and (S)
and C.C.P. Art. 87)