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» U.S. Law
Under existing federal law, a wrongfully imprisoned individual can
receive a maximum of $5,000, total, in compensation after exoneration,
no matter how many years they spent unjustly incarcerated. (28 U.S.C. § 2513).
There is legislation pending, however, that would increase the amount
of compensation available. First introduced in 2000 by Reps. Ray LaHood
(R-Ill.) and William Delahunt (D-Mass.) the Innocence Protection Act (IPA), a criminal justice bill aimed at reducing the risk that innocent persons may be executed, would increase the compensation for wrongful imprisonment to $50,000 per year of incarceration, $100,000 per year if
the inmate received a death sentence. In addition, IPA would afford
greater access to DNA testing for convicted offenders and help states
improve the quality of representation for defendants in capital cases.
IPA received strong bipartisan support in both the House and
Senate, and was approved by the Senate Judiciary Committee in October 2002. For more information on the legislation and contact information
for the lead sponsors of the bill, see the Justice Project website.
» State Laws
Sixteen states have laws providing compensation for wrongful convictions; as of April 2003, four have proposed statutes in various stages of legislative review. All require some proof of "actual innocence," such as DNA test results; many have other restrictions such as requiring a pardon from the governor or prohibiting compensation to an exonerated individual who initially entered a guilty plea.
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States providing statutory compensation for wrongful convictions |
DNA-exonerated convicts (as of April 2003) |
Alabama |
Yes. Minimum compensation $50,000 for each year of incarceration.
Al Act # 2001 659 |
2 |
Alaska |
No |
0 |
Arizona |
No |
2 |
Arkansas |
No |
0 |
California |
Yes. Maximum compensation $100 per day of incarceration.
California Penal Code §4900-4906 |
6 |
Colorado |
No |
0 |
Connecticut |
No |
1 |
Delaware |
No |
0
|
District of Columbia |
Yes. No cap on compensation, but no punitive damages alllowed.
D.C. Code Ann. §2-421(2002) |
1 |
Florida |
No |
2 |
Georgia |
No |
3 |
Hawaii |
No |
0
|
Idaho |
No |
1 |
Illinois |
Yes. Maximum compensation: $15,000 for up to five years incarcerated; $30,000 for 6-14 years; $35,000 for more than 14 years (with annual cost of living increase).
705 ILCS 505/8 |
20 |
Indiana |
No |
4 |
Iowa |
Yes. Attorney's fees, $50 per day of incarceration, and lost wages up to $25,000/year.
Iowa Code Ann §663A.1 |
0 |
Kansas |
No |
2 |
Kentucky |
No. However, compensation legislation is currently before both the Senate and House Judiciary Committees.
SB 21 (G. Neal, Sponsor);
HB 525 (J. Crenshaw, P. Clark, R. Meeks, Sponsors) |
1 |
Louisiana |
No. However, legislation that would provide $25,000 per year of incarceration plus lost wages and attorney's fees is currently before the Senate Judiciary Committee.
SB 520 (C. Jones, Sponsor) |
2 |
Maine |
Yes. Maximum compensation $300,000; no punitive damages allowed.
14 Me. Stat. Ann. §§8241-8244 |
0 |
Maryland |
Yes. No cap on compensation amount, defined as "actual damages sustained" by the wrongfully imprisoned. Compensation must come from the state's emergency fund, or money set aside by the governor in the annual state budget.
Md. State Fin. & Proc. § 10-501 |
3 |
Massachusetts |
No. However, compensation legislation is currently before the Joint Committee on Public Safety.
HB 2506 (P. Jehlen, Sponsor) |
6 |
Michigan |
No |
1 |
Minnesota |
No |
1 |
Mississippi |
No |
0 |
Missouri |
No. However, compensation legislation is currently before the Crime Prevention and Public Safety Committee. No hearing date is set.
HB 732, (B. Dixon, Sponsor) |
3 |
Montana |
No |
2 |
Nebraska |
No |
0 |
Nevada |
No |
0 |
New Hampshire |
Yes. Maximum compensation $20,000.
N.H. Stat. Ann §541-B:14 |
0 |
New Jersey |
Yes. Compensation capped at twice the amount the wrongfully imprisoned earned the year before incarceration, or $20,000, whichever is greater, plus attorney's fees.
N.J. Stat. Ann. § 52:4C1-5 |
3 |
New Mexico |
No |
0 |
New York |
Yes. No limit on monetary compensation.
N.Y. Court of Claims Act §8b |
13 |
N. Carolina |
Yes. $20,000 per year of incarceration, total not to exceed $500,000.
N.C. Gen. Stat. §148-82 to 148-84 |
2 |
N. Dakota |
No |
0 |
Ohio |
Yes. $40,330 per year of incaceration, plus lost wages and attorney's fees.
Ohio Rev. Code Ann. §2743.48 |
4 |
Oklahoma |
No. However, compensation legislation was introduced to the House in February, 2003.
HB 1406 (Toure, Sponsor) |
7 |
Oregon |
No |
0 |
Pennsylvania |
No |
5 |
Rhode Island |
No |
0 |
S. Carolina |
No |
1 |
S. Dakota |
No |
0 |
Tennessee |
Yes. Amount or type of compensation not specified. (Court of Claims "shall hear claims for compensation by persons wrongfully imprisoned and granted an exoneration or unconditional pardon due to innocence.")
Tenn. Code Ann. §§9-8-108(a)(7) |
1 |
Texas |
Yes. $25,000 per year of incarceration, to a maximum total of $500,000, plus one year of counseling.
Tex. Stat. Ann. §§103.001-103.002; 103.051-103.052 |
13 |
Utah |
No |
0 |
Vermont |
No |
0 |
Virginia |
No |
7 |
Washington |
No |
0 |
West Virginia |
Yes. Compensation limited to what the court determines will "fairly and reasonably compensate" the exonerated.
W. Va. Code §14-2-13a |
6 |
Wisconsin |
Yes. The state claims board will award "the amount which will equitably compensate the petitioner," without exceeding $25,000 total or a rate of compensation greater than $5,000 per year for the imprisonment. The board can apply to the legislature for additional funds, if they find it necessary to equitably compensate.
Wis. Stat. §775.05 |
2 |
Wyoming |
No |
0 |
For more information on laws pertaining to wrongful convictions and DNA testing, see the online databases provided by The Innocence Project and The Justice Project
as per Innocence Project web site
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