Modifies provisions involving wrongful convictions
The impact of SB 860 on state laws is significant, as it repeals an existing statute and introduces clearer guidelines for the payment of restitution to those wrongfully convicted. It also establishes an automatic expungement process for individuals who are absolved of their convictions, ensuring that their records are cleared in a manner that restores them to their previous status before the wrongful conviction occurred. This change is expected to enhance the rights of wrongfully convicted individuals and reduce the stigma associated with such convictions.
Senate Bill 860 aims to address the issue of wrongful convictions by providing a framework for restitution to individuals who have been exonerated after being found guilty of felonies. The bill allows individuals determined to be 'actually innocent' to receive financial compensation for the days they were unjustly incarcerated. Specifically, it proposes a restitution amount of $179 for each day of post-conviction incarceration, with the funding coming from appropriated state funds. The requirement that the individual be determined actually innocent through methods such as DNA testing reinforces the bill's focus on ensuring that only those wrongfully convicted benefit from this compensation mechanism.
While proponents of SB 860 argue that it provides much-needed support and recognition for those wrongfully convicted, there are points of contention regarding its requirements and implications. Critics may raise concerns about the limitations placed on claims for restitution, such as the prohibition against seeking civil redress from the state and the cap on the total restitution received in a fiscal year. Further, the bill's reference to funding being contingent on appropriations could lead to uncertainties about the availability of restitution funds, raising questions about the state’s commitment to addressing wrongful convictions adequately.