Creates provisions relating to compensation for wrongful convictions
The implementation of SB36 is expected to significantly impact state laws regarding wrongful convictions and compensation for the exonerated. Under this bill, wrongful convictions based on new DNA evidence can lead to individuals receiving restitution without any liability being placed on the state or its employees for past wrongful acts. This shift aims to create a safer path for the justice system by acknowledging past mistakes while also providing a structured financial remedy for those affected. Furthermore, it includes provisions for tuition assistance for recipients of restitution, enabling them to pursue education post-exoneration.
Senate Bill 36 aims to provide reforms in the compensation process for individuals wrongfully convicted of crimes they did not commit. Specifically, the legislation establishes guidelines for restitution payments to these individuals from a newly created State Legal Expense Fund. This fund will cover the compensatory claims of exonerated individuals, ensuring they receive financial reparation for their wrongful imprisonment. The bill outlines that individuals determined to be actually innocent may claim restitution, which is set at a rate of $100 per day for post-conviction incarceration, capped at certain limits. The maximum annual restitution payable is capped at $36,500, with no interest accrued on unpaid restitution.
During discussions surrounding SB36, notable points of contention arose around the adequacy of compensation rates and the eligibility criteria for claims. Some legislators questioned whether a daily rate of $100 accurately reflects the trauma and loss experienced by wrongfully convicted individuals. Others expressed concerns about the limits on restitution, suggesting they may fall short of what exonerated individuals would need to rebuild their lives. Additionally, the ban on civil lawsuits against the state for damages related to wrongful convictions sparked debate on whether this would unduly restrict individuals' rights to seek further legal redress. Opponents argue that while the bill provides much-needed reparations, it also effectively releases the state from full accountability for its errors.