Wrongful Incarceration Compensation
By: Michelle Kirby, Senior Legislative Attorney
February 7, 2017 | 2017-R-0057

Issue
Summarize the wrongful incarceration compensation statutes in Connecticut and other states.

Summary
Including Connecticut, 32 states and the District of Columbia (DC) have laws that provide monetaryor non-monetary compensation to people wrongfully incarcerated (exonerees). In most of thesestates, exonerees must receive reintegration services, such as counseling, healthcare, employmenttraining, and educational aid. (Montana provides only educational aid.) Also, many states providecompensation for reasonable attorney's fees and litigation costs. This report summarizes themonetary compensation provisions that establish how award amounts are determined and paidout.
In the states with exoneree compensation laws, the statutorily prescribed method for determining
the amount of an award generally falls into one of three broad categories. Under these laws, theamount of the award is:
1. indexed to a median, average, or per capita income (three states, including Connecticut);
2. set at the discretion of a certifying entity (e.g., claims commissioner, judge, or board), with orwithout limits (DC and 14 states, including New York and Massachusetts); or
3. a specified dollar amount per year or per day of incarceration (14 states, including Texasand California).
Some state laws also specify the payout method (e.g., lump sum or installment payments) and theduration of the payout (e.g., 10-year annuity or until paid in full or death).

www.cga.ct.gov/olr
OLRequest@cga.ct.gov

Connecticut General Assembly
Office of Legislative Research
Stephanie A. D’Ambrose, Director(860) 240-8400
Room 5300
Legislative Office BuildingThe 18 states that have no exoneree compensation statute are Alaska, Arizona, Arkansas,Delaware, Georgia, Idaho, Indiana, Kansas, Kentucky, Nevada, New Mexico, North Dakota, Oregon,Pennsylvania, Rhode Island, South Carolina, South Dakota, and Wyoming.

Determining Monetary Compensation AmountAmount Indexed to Median, Average, or Per Capita Income
Three states, Connecticut, Utah, and Virginia have laws that fall under this category.

Connecticut. Connecticut law requires the claims commissioner to award a claimant, for eachyear of incarceration, an amount equal to or up to twice the median household income for thestate, as determined by the U. S. Department of Housing and Urban Development, adjusted for
inflation using the consumer price index (CPI) for urban consumers. Under the law, this amount isprorated for any partial year the claimant served in incarceration.
The commissioner has the discretion to decrease or increase the award amount by 25% based on
an assessment of relevant factors, including any of the following evidence that the claimant
presents at the hearing:
1. his or her age, income, vocational training, and level of education at the time of conviction;
2. loss of familial relationships;
3. damage to reputation;
4. the severity of the crime for which he or she was convicted and whether he or she was undera death sentence;
5. whether he or she was required to register as a sex offender and the length of timeregistered; and6. other damages arising from or related to the arrest, prosecution, conviction, andincarceration.
The legislature must review a compensation award if the claimant requests a review or the award
exceeds $20,000 (CGS §§ 54-102uu, as amended by PA 16-127).

Utah. In Utah, for each year of incarceration up to 15 years, an exoneree must be awarded themonetary equivalent of the average annual nonagricultural payroll wage as determined by theDepartment of Workforce Services data at the time of his or her release from prison (Utah Code §78B-9-405).
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Virginia. Under Virginia law, if compensation is approved by the General Assembly, an exonereemust be compensated for each year of incarceration in an amount equal to 90% of the inflationadjusted Virginia per capita personal income as reported by the U.S. Department of Commerce (Va.
Code § 8.01-195.11).

Amount Set At the Certifying Entity's Discretion
In at least 14 states and DC, the certifying entity has discretion to determine the amount of aneligible exoneree's monetary award. Some states give broad discretion; others establish award
minimums or maximums.

Broad Discretion. Three of these states (Maryland, New York, and West Virginia) and DC do not
specify a minimum or maximum award amount. Maryland, New York, and West Virginia require fairand reasonable compensation. In DC, the judge has broad discretion (Md. Code § 10-501, N.Y. Ct.
Cl. Act § 8-b, W. Va. Code § 14-2-13a, and D.C. Code § 2-423).

Set Minimum. Alabama and Minnesota specify minimum monetary damages, as follows:
1. Alabama - $50,000 for each year wrongfully incarcerated (Ala. Code § 29-2-159)
2. Minnesota - $50,000 for each year of wrongful incarceration and $25,000 for each year onsupervised release or as a registered sex offender (Minn. Stat. § 611.365)

Set Maximum. Seven states specify maximum award amounts per claim, claimant, conviction,or in total as follows:1.
Maine - $300,000 per claimant per conviction (Me. Rev. Stat. tit. 14 § 8242)
2.

Massachusetts - $500,000 total (Mass. Gen. laws ch. 258D § 5)

3.

Nebraska - $500,000 per claimant per occurrence (Neb. Rev. Stat. § 29-4604)

4.

New Hampshire - $20,000 per claim (N.H. Rev. Stat. § 541-B:14)

5.

Oklahoma - $175,000 per claim (Okla. Stat. tit. 51 § 154)6.

Tennessee - $1 million total (Tenn. Code § 9-8-108)

7.

Wisconsin - $25,000 per claimant (Wis. Stat. § 775.05)

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Set Maximum Adjusted for Inflation Based on Years Served. In Illinois, the specified
maximum award amount, which is adjusted annually for any increase in the CPI, is based on thenumber of years a person served wrongfully, as follows:
1. Up to five years - $85,350
2. Between five and 14 years - $170,000
3. More than 14 years - $199,150 (705 Ill. Comp. Stat. 505/8)

Set Range (Set Minimum and Maximum). In Vermont, the court has the discretion to set
monetary damage that ranges from a minimum of $30,000 to a maximum of $60,000 for eachyear of wrongful incarceration, plus lost wages (Vt. Stat. Ann. tit. 13 § 5574).

Specified Dollar Amount per Year or Per Day of Incarceration
As shown in Table 1, 11 states specify in statute the amount that must be awarded for each year ofwrongful incarceration. Colorado, Texas, and Washington also have additional amounts for periods
served on death row, on parole, or as a registered sex offender. Florida, Louisiana, Mississippi, andNorth Carolina set aggregate maximums. Hawaii allows an additional amount in extraordinary
circumstances. These laws generally provide for a prorated amount for partial years served.
Table 1: States with Specified Amount per Year of Incarceration
State(Citation)
Colorado(Colo. Rev. Stat. § 13-65-103)
Florida(Fla. Stat. § 961.06)
Hawaii(Haw. Rev. Stat. § 661B-3)
Louisiana(La. Rev. Stat. § 15:572.8)
Michigan(Mich. Comp. Laws §691.1755)
Effective: March 29, 2017
Mississippi(Miss. Code § 11-44-7)
New Jersey(N.J. Stat. § 52:4C-5)
North Carolina(N.C. Gen. Stat. § 148-84)Ohio(Ohio Rev. Code § 2743.48)

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Amount for Each Year Wrongfully Incarcerated$70,000 each year wrongfully incarcerated and an additional$50,000 each year on death row; and$25,000 each year served on parole, on probation, or as a registered sex offender$50,000 (up to a maximum of $2 million)$50,000 each year of confinement (plus an additional compensation up to $100,000 in
extraordinary circumstances)$25,000 (up to a maximum of $250,000)$50,000 each year served in prison$50,000 (up to a maximum of $500,000)$50,000 or twice the claimant's income in the year prior to incarceration, whichever is greater$50,000 (including time in custody; up to a maximum of $750,000)$40,330 or amount as adjusted by the state auditor (plus any directly related lost wages, salary, orother earned income)February 7, 2017

Page 4 of 6Table 1 (continued)
State(Citation)
Texas(Tex. Civ. Prac. Rem. Code §103.052)
Washington(Wash. Rev. Code §4.100.060)

Amount for Each Year Wrongfully Incarcerated$80,000 each year served in prison$25,000 each year served on parole or as a registered sex offender$50,000 each year wrongfully incarcerated (including time spent awaiting trial) and an additional$50,000 each year on death row; and$25,000 each year served on parole, community custody, or as a registered sex offender

Three states (California, Iowa, and Missouri) specify in statute the amount that must be awarded foreach day the person was wrongfully incarcerated (as shown in Table 2).
Table 2: States with Specified Amount per Day of Incarceration
State(Citation)
California(Cal. Penal Code § 4904)
Iowa(Iowa Code § 663A.1)
Missouri(Mo. Rev. Stat. § 650.058)

Amount for Each Day Wrongfully Incarcerated$140 (including time in custody)$50 (plus lost wages up to $25,000 per year)$50

Monetary Compensation Payout
Some states specify the payout method of the exoneree's monetary award and the duration of thepayout (see Table 3).
Alabama, Maryland, Massachusetts, Michigan, Texas, and Washington allow lump sum or
installment payments. Virginia law allocates a percentage of the award that must be paid in a lumpsum and the remainder in installments. Most states that use the installment payment method
typically do so until the award is paid in full. In the states that do installment payments through afixed annuity, the beneficiaries of the annuity receive continued disbursements when the exonereedies. In Alabama and Texas the exoneree's estate is eligible to receive any remaining compensation
after his or her death. In Tennessee, if there is no surviving spouse or minor child thedisbursements end when the exoneree dies.

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Table 3: Payout Methods and Duration
State(Citation)
Alabama(Ala. Code § 29-2-160)
Florida(Fla. Stat. § 961.06)
Louisiana(La. Rev. Stat. § 15:572.8)
Maryland(Md. Code § 10-501)
Massachusetts(Mass. Gen. laws ch. 258D § 5)
Michigan(Mich. Comp. Laws § 691.1755)
Effective: March 29, 2017
Mississippi(Miss. Code § 11-44-7)
Missouri(Mo. Rev. Stat. § 650.058)
New Jersey(N.J. Stat. § 52:4C-5)
Tennessee(Tenn. Code § 9-8-108)
Texas(Tex. Civ. Prac. Rem. Code §§103.052, et. seq. and 103.001)
Virginia(Va. Code § 8.01-195.11)
Washington(Wash. Rev. Code § 4.100.060)

Payout Method and Duration
Lump sum or installments until paid in full (payment to estate upon death)
Installments (10-year annuity) - payments to annuity beneficiaries upon death
Installments - $25,000 per year (annuity with survivors' benefits if the award is more than$100,000)
Lump sum or installments
Lump sum or installments (fixed annuity)
Lump sum or multiple payments (court’s discretion)
If multiple payments, then as follows:
20% - lump sum initially
80% - installments (10-year maximum)
Installments - $50,000 per year until paid in full (state may purchase annuity)
Annual installments until paid in full or death ($36,000 maximum per fiscal year)
Lump sum or installments (maximum 20-year annuity allowed if it is in the claimant’s best interestand the damages exceed $1 million)
Monthly installments based on life expectancy until paid in full or death, at which time payment
goes to surviving spouse or minor children only
Lump sum or installments (annuity)(heirs, legal representatives, and estate are entitled to lump-sum disbursement when the exoneree
dies or receives a posthumous award)
20% - lump sum initially
80% - installments (25-year annuity)
Lump sum payment on the claimant’s behalf to the Department of Social and Health Services for
disbursement of any child support owed by the claimant during incarceration

MK:bs

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