Compensating people who are wrongfully convicted is a hard sell in some states

Independent

15-03-2025

Earlier this year, Michael Woolfolk attended a legislative committee in Georgia where lawmakers considered for a third year whether to compensate the 45-year-old for the 19 years he spent behind bars for a 2002 killing before charges against him were dismissed.
Behind him sat Daryl Lee Clark, also 45, who spent 25 years in prison for a 1998 murder conviction that was vacated over a series of legal and police errors. It was his second attempt to obtain compensation.
Georgia is one of 11 states with no law on compensating people found to have been wrongfully convicted. Individuals seeking compensation take their cases to the legislature, where they seek a lawmaker to sponsor a resolution to pay them. Critics say it mires the process in politics.
Lawmakers have been considering legislation to move the decision to judges, but now it's unclear if that will pass this year.
'We need to take care simply of people who have lost so many years of their lives and their ability to make money, have a job, have a family, create stability,' Republican Rep. Katie Dempsey, a sponsor of the Georgia bill, told The Associated Press. 'Many are at the age where they would be looking at their savings, and instead, there's none.'
Missouri lawmakers have sent the governor a bill updating the state's compensation law, and legislatures in Florida and Oregon also are considering updates of their laws. Montana is considering an update of its expired program and Pennsylvania is among those, like Georgia, looking to create one.
A tricky process
Of the 1,739 people who have filed wrongful compensation claims under state laws since 1989, 1,328 received compensation, according to data from George Washington University law professor Jeffrey Gutman.
That doesn't include cases in states like Georgia, which has no law outlining a process.
Since 1995, 12 Georgians have received compensation and at least 11 more have sought it, according to the Georgia Innocence Project. Even some people with strong cases were turned down because they failed to convince lawmakers they were innocent, advocates say.
The latest version of Georgia's proposal would require individuals to prove their innocence to an administrative law judge. They could receive $75,000 for each year of incarceration and reimbursement for other costs such as fines and fees. There would be an additional $25,000 for each year of incarceration awaiting a death sentence.
'The way that the state has treated these individuals by taking away their freedom and liberty and effectively ruining their lives, by wrongfully convicting them and then failing to expeditiously compensate them and help them get back on their feet, doesn't sit well with me,' said Democratic Rep. Scott Holcomb, a bill sponsor and former prosecutor.
Whether a person was released based on a finding they were not guilty or based on trial or law enforcement error is often a sticking point. Advocates say those wrongfully convicted deserve compensation either way because they are innocent until proven guilty, but some lawmakers are hesitant to pay them.
Senate Majority Whip Randy Robertson, a former sheriff's deputy, was the lead opponent last year of individual requests for compensation and an effort to pass a compensation law. He takes issue with the term 'exonerated,' which he says is too often used in cases where convictions are overturned based on trial errors.
Robertson this year introduced a different compensation bill with stricter rules that didn't get a hearing.
Other states consider changes
Florida is the only state that prevents exonerees with previous felony convictions from qualifying for compensation, according to an analysis by the advocacy group The Innocence Project.
Florida Republican state Sen. Jennifer Bradley wants to change that. For the third year she is sponsoring a bill to end the rule, arguing that an unrelated charge should not prevent people who were wronged by the state from being compensated for their 'lost liberty.'
A bill in the Oregon Legislature would update a law passed in 2022 that provides exonerees $65,000 for each year they were wrongfully imprisoned, on the condition they file a successful petition proving their innocence. The new bill comes amid criticism that few exonerees have received compensation since the law took effect.
Missouri's legislature recently passed and sent to the governor a measure expanding a restitution program for people wrongly convicted of felonies. The legislation would raise compensation from $100 to $179 per day of imprisonment and remove a requirement that innocence is proven by DNA analysis.
Many Georgia lawmakers have said they don't want to play judge and hope the state process changes.
If the legislature doesn't pass a bill before adjourning April 4, Woolfolk and Clark may not be compensated this year. The House overwhelmingly approved five requests that could fail in the Senate.
Starting a career at 45 is hard, Woolfolk said, and he missed his children's upbringing. He said he is sick of trying to convince lawmakers to help him.
Clark, who does not have children, got a standing ovation from House lawmakers last year who voted to compensate him.
This year, his 'hope and prayers" are that he also gains some help.
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Associated Press reporters Kate Payne in Tallahassee, Florida, Claire Rush in Portland, Oregon, and David A. Lieb in Jefferson City, Missouri, contributed to this report.
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