Depending on the state, the wrongfully convicted could get social services and up to $80,000 per year--or get nothing at all. Twenty-seven states and Washington, D.C., provide compensation and/or services, but many states have provisions that could make an exoneree ineligible for such damages, including having a prior felony conviction or submitting a guilty plea when not guilty. Twenty-three states have no provisions, but the exonerated could sue or request compensation through a private bill, requiring a legislator to sponsor it--both options are difficult to pursue.
The Innocence Project, a criminal justice group, would like to see every state have an exoneree compensation law mimicking current federal guidelines: Provide the wrongly incarcerated up to $50,000 per year of wrongful incarceration, and $100,000 per year served on death row. "The beauty of a compensation statute is that it provides a formula that treats everyone equally," says Rebecca Brown, policy advocate for the Innocence Project.
This year, at least seven states have considered implementing or adapting exoneree compensation laws--Michigan is considering a new law while New Jersey may seek to increase compensation. With states juggling tight budgets, it may be difficult for legislators to prioritize justice when it could carry a hefty price tag. But Brown says the time is always right to provide justice to the innocent. "There's always a matter of immediacy."