REVISED
STATEMENT OF PURPOSE
RS28266 / S1027
When the government unjustly takes an Idahoan’s freedom by putting him in prison for a crime he didn’t
commit, there is currently no process to compensate him for the years he lost. Wrongful convictions rob a
person of time he can never get back and also deprive the innocent person of the chance to be a meaningful
part of his family, build a career, or even buy a car. When an innocent person is exonerated and released
from prison, just trying to cover the basics becomes a struggle. Exonerations can occur when new evidence is
presented or when new science proves that old evidence was invalid. However, Idaho is one of only 15 states
where an exonerated person is left completely on his own after he is released from prison. An exoneree is not
even provided the same transition benefits the state offers to someone released from prison after completing a
sentence. This bill would create an exoneree compensation law in Idaho. The bill is similar to one passed by
the Idaho Legislature in 2020, with a few notable differences. This version of the bill would provide $62,000
per year of wrongful incarceration, or $75,000 per year served on death row, as well as a process for how to
make a claim for compensation. Anyone forced to wrongfully serve parole on the sex offender registry would
be provided an additional $25,000 per year. Exonerees would be given a two-year window to file a claim
from the time they were formally exonerated by a court. This bill provides $2,000 more per year than the bill
approved in 2020, but does not include non-monetary services such as free health insurance, college tuition,
housing assistance and other things included in the 2020 bill. Finally, the bill includes a provision to offset state
compensation with any civil awards or settlements paid to exonerees through separate court action. While no
amount of money can make up for the years an innocent person lost behind bars, this bill is an important step
in repairing the damage to the wrongfully convicted.
FISCAL NOTE
According to the National Registry of Exonerations, there have been six exonerations in Idaho in the last 30
years. Four of those six would be eligible for compensation under this bill. In other states with these laws, about
50% of eligible people file claims and about 70% of those claims are approved. This bill does not automatically
compensate anyone. If the four people described above apply and are approved, the maximum total impact to
the state budget would be a one-time cost of $3,768,000. (That amount could be reduced if any of the exonerees
win a separate compensation claim in a civil court. Three of the four have already done so, and we estimate
that the overall cost could be reduced by $2 million as a result.) The fiscal impact going forward is unknown, as
there are no pending exonerations of which we are aware. Future awards would be appropriated on an as-needed
basis as long as someone met the strict eligibility requirements set forth in the bill.
Contact:
Senator Doug Ricks
(208) 332-1000
Kate Haas
Kestrel West
(208) 256-2613
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note Bill SOP/FN REVISED: 02/16/2021, 1:19 PM