PA to compensate wrongly accused death row inmates

This week, the Pennsylvania House Judiciary Committee is voting on legislation that would compensate wrongfully convicted individuals who were on death row. House Bill 1470 would provide $100,000 for every year the person was wrongfully convicted. It would also provide $75,000 to those who were wrongfully convicted but not on death row and $50,000 for every year someone was on parole or probation for a crime they didn’t commit. Pennsylvania is one of 15 states that have nothing in place to compensate the wrongfully accused.

The National Registry of Exonerations has identified 123 cases of wrongful convictions in Pennsylvania which included five federal cases in 2021. People have been falsely imprisoned for an average of about 12 years.

In order to receive this compensation, an individual must prove that they were falsely convicted by showing evidence of felony conviction, sentencing to imprisonment, and partial or full time served. They must also show evidence that they did not commit the crime that resulted in the conviction or that there was no crime committed in the first place. Finally they must prove if they received a pardon, had charges against them dismissed, or were acquitted through a retrial. The convicted must also prove they did not commit a smaller crime related to the original crime they were convicted for.

If someone manages to prove that they were indeed wrongfully convicted then they will receive compensation based on how long they were incarcerated and/or how long they spent on parole. Additionally, an individual might be compensated for any child support they may have incurred while incarcerated as well as attorney fees and anything they may have paid for mental and physical health services to be reintegrated into society. This law also provides services and resources to help individuals get accustomed to life again.

The compensation would not be subject to Pennsylvania taxes and there would be a six-year statute of limitations for those wrongfully convicted to apply for the reward.