Establishes provisions relating to restitution for individuals found to be actually innocent through any evidentiary method
The implications of HB 113 on state law include significant reforms to the state’s approach to handling wrongful convictions. It offers financial recompense to those individuals who have been unjustly imprisoned, which proponents argue serves as a necessary remedy to acknowledge their suffering and the state's failures. Furthermore, the bill explicitly prohibits recipients of restitution from pursuing additional civil claims against the state or its subdivisions, thus maintaining a degree of sovereign immunity while still offering some level of compensation.
House Bill 113 establishes provisions for restitution payments to individuals who have been wrongfully convicted and later determined to be actually innocent through evidentiary methods, including DNA profiling. The bill stipulates that individuals may receive $100 per day for each day they were wrongfully incarcerated, and that restitution claims must be filed with the sentencing court. It defines 'actually innocent' as a person who has exhausted all appeals and has received a final order of release from their conviction.
The overall sentiment surrounding the bill is relatively positive among advocates for criminal justice reform and members who argue for the rights of the wrongfully convicted. Supporters believe that providing restitution is a critical step towards justice and healing for the individuals affected by wrongful convictions. However, there may be contention from some political factions regarding the implications of limiting civil claims against the state, which could raise concerns about accountability and the extent of compensation available to exonerated individuals.
Notable points of contention regarding HB 113 include the limitations placed on the right to seek civil redress against the state and whether the compensation provided is sufficient to address the profound impact of wrongful incarceration. Critics might argue that by limiting restitution to $36,500 per fiscal year, the bill could fail to fully compensate individuals for their suffering and hardships caused by wrongful incarceration. Additionally, the bill's requirement that restitution be claimed only by the individual or their legal guardian raises questions about access and agency for those wrongfully convicted.