LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 92 HLS 21RS 295
Bill Text Version: REENGROSSED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 18, 2021 1:10 PM Author: MARINO
Dept./Agy.: LCLE
Subject: Amount paid to persons wrongfully convicted Analyst: Rebecca Robinson
CRIMINAL/PROCEDURE RE INCREASE GF EX See Note Page 1 of 2
Increases the amount paid for a person who has been wrongfully convicted
Proposed law increases the amount paid to a person who has been wrongfully convicted from $25,000 to $40,000 per year
incarcerated, not to exceed a maximum of $400,000. Proposed law further allows petitioners who had been awarded
compensation between September 1, 2005, and July 1, 2021, to file a petition seeking supplemental compensation. All
petitions seeking additional compensation must be filed on or before July 1, 2022. Proposed law provides that such
compensation is payable at a rate of $40,000. Proposed law also offers petitioners on or after July 1, 2021 an option to
receive a lump sum payment of $250,000 in lieu of receiving $40,000 annually.
EXPENDITURES 2021-22 2022-23 2023-24 2024-25 2025-26 5 -YEAR TOTAL
State Gen. Fd. $785,000 $835,000 $905,000 $760,000 $400,000 $3,685,000
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total
REVENUES 2021-22 2022-23 2023-24 2024-25 2025-26 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total $0 $0 $0 $0 $0 $0
EXPENDITURE EXPLANATION
There will be an increase in SGF expenditures to the Louisiana Commission on Law Enforcement (LCLE) to provide
supplemental compensation to specific individuals who were wrongfully convicted and imprisoned. The amount of
compensation will increase from $25,000 to $40,000 per year incarcerated, up to a maximum of $400,000. This change
represents an annual $15,000 increase per individual over the current level and an increase of the compensation cap from
$250,000 to $400,000. LCLE reports there are fifteen (15) petitioners currently receiving compensation. Under proposed
law, these individuals will receive annual payments of $40,000 until reaching their maximum compensation ($40,000 x
number of years served). NOTE: this fiscal note reports a SGF impact because while payments are made from the
statutorily dedicated Innocence Compensation Fund, the Fund is made whole by deposits out of the SGF.
The total payment increase for the fifteen existing petitioners (amount due in proposed law less amount due in present law)
will be as follows:
FY 22 $225,000
FY 23 $275,000
FY 24 $375,000
FY 25 $400,000
FY 26 $400,000
n FY 27 and beyond, the total due in aggregate to current petitioners is approximately $923,750; to be paid in $40,000
increments until paid in full. Balances due in FY 27 and beyond per petitioner will range from a low of approximately
$25,000 (17 years served) to a high of approximately $175,000 (3 exonerees at 17 years plus).
Proposed law authorizes petitioners who had been awarded compensation between 9/1/05 and 7/1/21 to file a petition
seeking supplemental compensation. There are fourteen petitioners over this time period; and to the extent those
[CONTINUED ON PAGE 2]
REVENUE EXPLANATION
There is no anticipated direct material effect on governmental revenues as a result of this measure.
Senate Dual Referral Rules House
x 13.5.1 >= $100,000 Annual Fiscal Cost {S & H} x 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Alan M. Boxberger
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Staff Director
 LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 92 HLS 21RS 295
Bill Text Version: REENGROSSED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 18, 2021 1:10 PM Author: MARINO
Dept./Agy.: LCLE
Subject: Amount paid to persons wrongfully convicted Analyst: Rebecca Robinson
CONTINUED EXPLANATION from page one: Page 2 of 2
[CONTINUED EXPENDITURE EXPLANATION FROM PAGE 1]
petitioners seek additional compensation at $40,000 a year, up to a maximum compensation totaling years incarcerated x
$40,000 - payments received to date, the maximum expenditures per year are listed below. This fiscal note assumes all
fourteen eligible petitioners will seek supplemental compensation in order to illustrate the maximum expenditure exposure.
However, should any eligible individual not seek supplemental compensation the annual and total payments would be
reduced accordingly.
Total payments for fourteen prior exonerees (assuming all 14 file for supplemental compensation):
FY 22 $560,000 (14 petitioners)
FY 23 $560,000 (14 petitioners)
FY 24 $530,000 (14 petitioners)
FY 25 $360,000 (12 petitioners)
FY 26 $0
All fourteen prior exonerees will have been fully compensated by the end of FY 25 under this proposed measure.
The combined expenditure increase for current and prior exonerees in FYs 22 through 25 are reflected in the
expenditure table at the top of this fiscal note.
Note: The LFO did not have the total period of incarceration for two current exonerees and four prior exonerees (prior paid
petitioners), but knew they served more than 10 years. Therefore, the LFO assumed that these petitioners would be owed
at least $400,000 in total based upon the yearly payment of $40,000 (10 years x $40,000). These petitioners would be
owed additional compensation, at $40,000 a year, until they reached the maximum compensation allowable based upon
years of total incarceration over 10 years. If additional information is provided with regard to the time served for these six
exonerees, the LFO will update this fiscal note accordingly.
For new petitioners after July 1, 2021, the individual will be given the option to accept a one-time lump sum payment of
$250,000 in lieu of receiving $40,000 annually per year served up to the cap established in this measure at $400,000.
Senate Dual Referral Rules House
x 13.5.1 >= $100,000 Annual Fiscal Cost {S & H} x 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Alan M. Boxberger
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Staff Director


Statutes affected:
HB92 Original: 15:8(H)(2)
HB92 Engrossed: 15:8(H)(2)
HB92 Reengrossed: 15:8(H)(2)
HB92 Enrolled: 15:8(H)(2)
HB92 Act : 15:8(H)(2)