Virginia 2023 Regular Session

Virginia House Bill HB1586

Introduced
1/6/23  

Caption

Wrongful incarceration; compensation.

Impact

With the enactment of HB 1586, the Virginia legislature seeks to address the injustices faced by wrongfully incarcerated individuals, ensuring that they have a formal process to receive compensation. This measure reinforces the state's commitment to justice and accountability in its judicial processes, while also establishing a clear financial recognition of wrongdoing when the state fails its citizens. Moreover, the bill provides transitional assistance grants of $15,000 to aid reintegration into society, coupled with additional educational reimbursement support, indicating a comprehensive approach to restitution.

Summary

House Bill 1586 aims to amend the Code of Virginia to provide compensation to individuals wrongfully incarcerated for felonies. The bill stipulates that any person who is convicted of a felony by a county or city circuit court may receive an annual compensation of $55,000 for each year of wrongful incarceration, with this amount adjusted annually based on inflation. Furthermore, those wrongfully convicted while sentenced to death or who were subjected to parole or postrelease supervision will receive additional compensation, further recognizing their unjust suffering during incarceration.

Contention

Though the bill has strong proponents advocating for its necessity in delivering justice, it may also face scrutiny regarding the funding mechanisms required to support such compensation programs. Concerns could be raised about the adequacy of state resources and the potential for unintended consequences in terms of fiscal impact. Legislative discussions may also delve into the criteria for determining wrongful incarceration and the processes through which compensation is granted, ensuring that they are fair and thorough.

Companion Bills

No companion bills found.

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