Bill advances on compensation for wrongfully convicted felons
Sen. Robin L. Webb, R-Grayson, testifies on SB 131 at Thursday’s meeting of the Senate Judiciary Committee. A high-resolution photo can be found here.
FRANKFORT — Legislation that would create a new civil cause of action for wrongfully convicted felons to obtain compensation for their lost years advanced out of the Senate Judiciary Committee on Thursday.
Senate Bill 131, sponsored by Sen. Robin L. Webb, R-Grayson, creates new statutory language that allows wrongfully convicted Kentucky felons to sue the commonwealth for monetary damages based on how long they were wrongfully imprisoned.
“There have been 23 known exonerations since 1989, with innocent Kentuckians losing a combined 220 years of their lives,” Webb said. “What I think we have done with this bill is try to narrowly define who would be eligible and provide a rational system for their compensation.”
As laid out in the bill, this new civil cause of action would apply only to incarcerated individuals who have had their felony convictions reversed, in addition to those who, meeting the incarceration requirement, have received an unconditional gubernatorial pardon on innocence grounds.
Michael VonAllmen, a wrongfully convicted individual testifying with Webb on the bill, said that the current remedies available to individuals in his situation are not enough for what their wrongful convictions have made them endure.
“When you take 27 years as a convicted felon, and the end result of your sentence being overturned is an ‘oops, we’re sorry’, that would not sit right with you, or anyone,” VonAllmen said.
Kentucky Innocence Project Director Aaron Riggs, also speaking with Webb on the bill, said that the current system provides few resources for innocent individuals once released from their wrongful imprisonments.
“Really what we have right now is a system where individuals who have gone to prison for crimes that they have committed and served their time reenter society with more support than people who have gone to prison for crimes that they have not committed,” Riggs said.
Senate Minority Caucus Chair Reginald L. Thomas, D-Lexington, speaking in favor of the bill, asked how much the claims arising out of the bill might cost.
Webb said that should every claim from existing exonerations be granted, the state would pay out $7.5 million in damages.
Sen. Michael J. Nemes, R-Shepherdsville, said that the bill was an important way the state could take accountability for incorrect judicial outcomes.
“There is no way that we can repay anyone in this situation. But what the bill shows is that we have made a mistake, and we want these people back in society as best as they can be,” Nemes said.
Sen. Phillip Wheeler, R-Pikeville, asked if this bill would prevent wrongfully convicted individuals from filing other civil claims surrounding their imprisonment.
“Would pursuing a claim under this new section preclude pursuing any other actions against negligent parties,” Wheeler asked.
Riggs answered that, while the new language would not preclude individuals from filing other claims, any damages awarded by those other claims would offset any compensation they might have received from claims made under this new bill.
SB 131 now moves to the full Senate.
