Bill would provide $25,000 per year for wrongful incarceration
Rep. Steuerwald (1-800-382-9841) has introduced HB 1062 which would create the DNA exoneration fund and provide a mechanism for wrongfully convicted individuals, exonerated through DNA evidence, to receive compensation from the State.
It states that a person whose conviction is vacated (in whole or in part) on the basis of DNA evidence is entitled to compensation in the amount of $25,000 for each year that the person was wrongfully incarcerated in the department of correction. It initially appropriates $200,000 to the fund and directs the attorney general to administer the fund and investigate claims. In return for receiving compensation under this mechanism, the person is required to waive any further claims against the State.
This seems like a generally positive initiative, but I wonder what the rationale behind including DNA-based exonerations but excluding non-DNA exonerations. Maybe related to the relatively more objective nature of DNA versus other potential methods of exoneration?
Reps. Thompson, Bartlett, and Lawson are co-authors.
The fiscal note is pretty interesting. The analyst found nine cases of DNA based exoneration in Indiana. One of them is David Camm who the Indiana Law Blog has been following for a dozen years or so. Convictions on that list range from 1985 through 2002 and exonerations from 1993 – 2013. The longest case of incarceration was David Scott at 23 years from 1985-2008 who would be entitled to $575,000 under this methodology. (The bill would only apply to exonerations that take effect after June 30, 2017).
I was also wondering why other exonerations are excluded. Your explanation makes as much sense as any. The compensation is ridiculously low though. $25K a year doesn’t begin to make amends (though it certainly is better than $0 per year).
Agreed – better than nothing, but it seems like it’s more of a bill to cap what Indiana pays to people they did wrong than an effort to make things right.
For reference – Texas awards $85,000 a year. Illinois offers “about $85,000 for those who served up to 5 years in prison, $170,000 for those who served between 5 and 14 years, and about $199,000 for those who served more than 14 years. Illinois also makes available education and insurance plans and offers job training and housing assistance to exonerees.”
I also would think the funding should come from the municipality that sent the person to prison wrongly. They have insurance for such things, no? (Does anyone know a city or county attorney around here? )
There is still exposure for the municipality. This bill only requires a release as to claims against the State.
That said, whether there was exposure in the first place is going to depend on who, if anyone, in the process has unclean hands that led to the conviction. Judges and Prosecutors are technically State officials. So, if they did something wrong, it would be state liability. If the local police did something wrong, then it might be municipal liability.