Wrongful conviction compensation bill clears committee

Wrongful conviction compensation bill clears committee February 12, 2025

House Majority Whip Jason Nemes, R-Middletown, asks the House Judiciary Committee to vote in-favor of House Bill 206, which would guarantee compensation for Kentuckians wrongfully convicted of a felony. A high-resolution photo can be found here.

FRANKFORT — Kentuckians wrongfully convicted of a felony may soon have the right to receive restitution

House Majority Whip Jason Nemes, R-Middletown, presented House Bill 206 to the House Judiciary Committee on Wednesday. He was joined by several exonerees who shared their experiences and struggles with the committee.

“I would like to talk about my support for this bill, how when I was released, housing was difficult,” said exoneree Paul Hurt. “I was fortunate enough to have family members still living. A lot of exonerees do not have that luxury of people to help them when they’re released. And we’re not afforded very much as wrongfully convicted exonerees.”

Under HB 206, Nemes said only Kentuckians who can prove actual innocence would be awarded compensation.

“The most important thing to know about this bill is you have to prove actual innocence,” he said. “This is not just ‘the constable blundered,’ or reversal of a conviction or even a pardon. That’s not enough. You have to prove that you’re actually innocent of the crime for which you were convicted and served time.”

If it becomes law, innocent individuals who file a claim in circuit court within two years of being exonerated would be awarded $65,000 per year of imprisonment. If that person was on death row, they would be awarded $75,000 per year, according to the legislation.

Claimants would also receive $32,500 for each year they were released on parole, under post-incarceration supervision or wrongfully registered as a sex offender, whichever is greater.

Exonerees may also be eligible to receive other compensation under this bill, such as tuition assistance and attorney’s fees.

Winnie Ye with The Innocence Project said 38 states, Washington D.C. and the federal government have all enacted wrongful conviction compensation laws.

“Wrongful convictions are a grave injustice,” Ye said. “They’re a symptom of our broken criminal legal system. And one way that we can try to address this is by promoting this bill today.”

Rep. Patrick Flannery, R-Olive Hill, said he wouldn’t call the legal system broken, but he agrees the state should try to do the right thing when a mistake is made, which is why he supports HB 206.

Flannery said he likes the actual innocence provision of the legislation, but suggested the burden of proof be higher.

“Would it perhaps be better to have a higher standard of clear and convincing (evidence), given the gravity of what we’re dealing with?” Flannery asked.

According to Ye, HB 206 follows the same burden of proof standard set by 14 other states. Nemes said he understands the argument Flannery is making and he’s open to discussing it further.

The House Judiciary Committee unanimously approved HB 206.

In explaining her “yes” vote, House Minority Whip Lindsey Burke, D-Lexington, said she is grateful for the legislation, but wishes it also included a provision that would provide wrongfully convicted Kentuckians a certificate of actual innocence.

Rep. T.J. Roberts, R-Burlington, also expressed support for HB 206.

“This is a crucial, crucial first step in ensuring accountability as a government,” Roberts said.

HB 206 now goes before the full House for consideration.

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https://apps.legislature.ky.gov/publicservices/pio/release.html#HB206021225