SB 14
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 14 (Senator Kelley, et al.)
Judicial Proceedings Judiciary
Compensation to Individual Erroneously Convicted, Sentenced, and Confined
(The Walter Lomax Act)
This bill makes several changes to existing provisions pertaining to payments by the Board
of Public Works (BPW) to an individual erroneously convicted, sentenced, and confined
under State law for a crime the individual did not commit. Among other things, the bill
modifies the procedures and criteria for eligibility, including requiring an Administrative
Law Judge (ALJ) in the Office of Administrative Hearings (OAH) to make specified
findings related to eligibility and compensation. The bill applies retroactively to any
application for compensation or benefits pending on or after the bill’s effective date.
Notwithstanding any prior compensation awarded, the bill must be construed to apply
retroactively to allow a person to apply for modification of any compensation awarded by
BPW between January 1, 1984, and July 1, 2005, inclusive. The bill takes effect
July 1, 2021.
Fiscal Summary
State Effect: General fund expenditures increase by at least $3.0 million in FY 2022;
future years cannot be estimated. Reimbursable fund expenditures increase by as much as
$219,900 in FY 2022; future years reflect ongoing costs. Reimbursable fund revenues
increase beginning in FY 2024.
(in dollars) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
ReimB. Rev. $0 $0 - - -
GF Expenditure $2,976,100 - - - -
ReimB. Exp. $219,900 $199,600 $205,800 $213,100 $220,600
Net Effect ($3,196,000) (-) (-) (-) (-)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: The bill is not expected to materially affect local finances or operations.
Small Business Effect: Potential meaningful.
 Analysis
Bill Summary: The bill repeals provisions regarding BPW’s discretion to grant payments
to an individual erroneously convicted, sentenced, and confined in the State for a crime the
person did not commit. The bill also repeals eligibility based on a certification from a
State’s Attorney under specified statutory provisions that a conviction was in error. Instead,
BPW must compensate such an individual upon receipt of an order from an ALJ granting
a petition for eligibility.
Petitions for Eligibility Determinations
An ALJ must issue an order that an individual is eligible for compensation and benefits
from the State/BPW for being erroneously convicted, sentenced, and confined (as
described below) if:
 the individual has received a full pardon from the Governor stating that the
individual’s conviction has been shown conclusively to be in error; or
 the ALJ finds by clear and convincing evidence that (1) the individual was
convicted, sentenced, and subsequently confined for a felony; (2) the individual’s
conviction for the felony was reversed or vacated and either the charges were
dismissed or the individual was found not guilty on retrial; (3) the individual did not
commit the felony for which they were convicted, sentenced, and subsequently
confined and was not an accessory or accomplice to the felony; and (4) the
individual did not commit or suborn perjury, fabricate evidence, or by the
individual’s own conduct cause or bring about the conviction, which specifically
does not include making a false confession or false admission or entering a guilty
plea.
In determining the weight and admissibility of evidence presented by the parties, an ALJ
may, in the interest of justice, give due consideration to the passage of time, death or
unavailability of witnesses, the destruction of evidence, or any other factor.
An individual may petition/file a request with OAH for an ALJ to issue an order of
eligibility within two years after the date on which the Governor issued a pardon, the
criminal charges against the individual were dismissed, or the individual was found not
guilty on retrial. If the individual is deceased, the individual’s personal representative or
the executor of the individual’s estate may request an order of eligibility. An individual
convicted, confined, and released from confinement before July 1, 2021, who has not
previously received compensation from BPW, may petition for an order of eligibility no
later than June 30, 2023. An individual who was awarded compensation from BPW on or
before July 1, 2005, may request an order for supplemental compensation in the amount
authorized under the bill on or before July 12, 2023.
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A petition for an order of eligibility must be served on the State’s Attorney in the county
in which the conviction occurred and the Attorney General, or their designees. The State
(represented by the Attorney General or designee), the State’s Attorney of the county where
the crime was committed, or their designees must be parties to a proceeding before the
ALJ. The decision to grant or deny an order of eligibility may be appealed by either party.
If an ALJ issues an order of eligibility, the order must include the monetary award owed
the individual; reasonable attorney’s fees and expenses associated with the eligibility
determination action; benefits to be awarded to the individual, as described below; and, if
the ALJ determines that it is in the interests of the individual, a recommendation for an
expedited payment schedule. A copy of the order must be delivered to BPW and any State
agency or service provider ordered to provide benefits.
Calculation of Compensation and Benefits – Base Payment
BPW must compensate an individual found to be eligible in an amount equal to the total
number of days of wrongful confinement after the erroneous conviction multiplied by a
daily rate based on the State’s most recent median household income in the year the order
of eligibility is issued, as published in the American Community Survey of the
U.S. Census Bureau, as specified. However, the individual may not receive compensation
for any period of confinement during which the individual was serving a concurrent
sentence for another conviction for which the individual was lawfully convicted and
confined.
Additional Benefits
The ALJ may also direct the appropriate State agency or service provider to provide the
following to the individual, free of charge:
 a State identification card and any other document necessary for the individual’s
health or welfare on the individual’s release from confinement;
 housing accommodations available on the individual’s release from confinement for
up to five years;
 education and training relevant to life skills, job/vocational training, or financial
literacy until the recipient elects to no longer receive the education and training;
 health care and dental care for at least five years after the individual’s release from
confinement;
 access to enrollment at and payment of tuition and fees for attending a public senior
higher education institution, a regional higher education center, or the
Baltimore City Community College (BCCC) for a period of enrollment of up to
five years; and
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 reimbursement for court fines, fees, and restitution paid by the individual for the
relevant crime.
Adjustments for Other Funds Received
If an eligible individual previously received a monetary award from a civil suit or entered
into a settlement agreement with the State or a political subdivision of the State for the
erroneous conviction, sentence, or confinement, the amount owed to the individual must
be reduced by the amount of the monetary award or settlement, less any amount paid for
attorney’s fees and costs for litigating the award or settlement. The individual must
reimburse the State for an equivalent amount if the individual receives such a monetary
award from a civil suit or enters into such a settlement agreement after receiving
compensation under the bill. However, the amount of the reimbursement required may not
exceed the amount of the monetary award received for damages in the civil suit or
settlement agreement. The State may obtain a lien against the monetary award from a civil
suit or settlement agreement to satisfy this obligation.
BPW Payments of Compensation
After receiving an order of eligibility issued by an ALJ, BPW must pay the compensation,
with an initial payment equal to the annual amount of the State’s most recent median
household income to be paid within 60 days after receiving the ALJ’s order. Following this
initial payment, BPW must pay the remainder of the compensation in installments paid
over no more than six fiscal years or in accordance with an expedited payment schedule
recommended by the ALJ.
The bill repeals provisions prohibiting BPW from paying any part of a grant to an
erroneously convicted individual to any person other than the individual and prohibiting
any recipient of a grant from using any part of the grant funds to pay another person for
services rendered in connection with collecting the grant. The bill specifies that (1) an
individual is not prohibited from contracting for services to obtain BPW compensation and
(2) a person who provides these services may not charge, demand, receive, or collect
payment other than reasonable attorney’s fees and expenses associated with the action for
compensation; otherwise, the incurred obligation is void. The bill establishes that if the
eligible individual is deceased, the individual’s estate has standing to be compensated.
Regulations and Reporting Requirements
By December 31, 2022, and annually thereafter, BPW must report to the General Assembly
on any compensation and services awarded to erroneously convicted individuals. OAH, in
consultation with BPW, must adopt regulations to govern the procedures and practices in
cases brought under the bill.
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Current Law: BPW may grant payments to an individual erroneously convicted,
sentenced, and confined under State law for a crime the individual did not commit. BPW
is authorized to grant an amount commensurate with the actual damages sustained by the
individual but is also authorized to grant a reasonable amount for any financial or other
appropriate counseling for the individual due to the confinement. An individual is eligible
for these payments if (1) the individual has received from the Governor a full pardon stating
that the individual’s conviction has been shown conclusively to be in error or (2) the
State’s Attorney certifies that the individual’s conviction was in error under § 8-301 of the
Criminal Procedure Article.
BPW must make payments from money in the General Emergency Fund or money that the
Governor provides in the annual budget. BPW may only make payments to the erroneously
convicted individual, and the payments can be made in a lump sum or installments.
An individual is prohibited from paying any part of a received payment to another person
for services rendered in connection with the collection of the payment. An obligation
incurred in violation of this prohibition is void, and a payment made in violation of this
prohibition must be forfeited to the State. However, an individual may contract for services
to determine the individual’s innocence, obtain a pardon, or obtain the individual’s release
from confinement.
State Expenditures: General fund expenditures increase, perhaps significantly, for BPW
to provide compensation in accordance with the bill’s requirements, including
approximately $3.0 million in fiscal 2022 for modifications to previous grants.
Reimbursable fund expenditures for OAH increase by as much as $219,879 in fiscal 2022
for personnel to conduct hearings and implement the bill; future years reflect ongoing
expenditures.
Modifications of Prior Awards/Supplemental Compensation
General fund expenditures for BPW increase by approximately $3.0 million in fiscal 2022
for modifications to BPW awards made between January 1, 1984, and July 1, 2005
(see Exhibit 1).
This estimate (1) assumes that individuals who are eligible for modifications of prior
awards will file and be awarded compensation in fiscal 2022; (2) is based on the most
recent figure on the State’s median household income in 2019 inflation-adjusted dollars
from the U.S. Census Bureau ($86,738 per year); and (3) does not account for the value of
the U.S. dollar at the time of the original award.
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 Exhibit 1
BPW Actual Payment Amounts and
Modified Base Payment Amounts Under the Bill
Difference Between
Incarceration/ Actual Amount Modified Base Actual Amount
Year Confinement Period of BPW Award Amount Under Bill* and Modified Amount
2004 26 years, 10 months (9,794 days) 1,405,000 2,327,446 922,446
2003 19 years, 8 months (7,178 days) 900,000 1,705,780 805,780
1994 9 years (3,285 days) 300,000 780,647 480,647
1987 11 years (4,015 days) 250,000 954,125 704,125
1984 11 months (335 days) 16,500 79,609 63,109
$2,871,500 $5,847,607 $2,976,107
BPW: Board of Public Works
*Calculated using most recently available figure for Maryland median household income from the U.S. Census Bureau. Does not account for the value of the
U.S. dollar at the time of the original award.
Source: Department of Legislative Services
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The bill authorizes an individual who was awarded compensation from BPW on or before
July 1, 2005, to request an order for supplemental compensation in the amount authorized
under the bill on or before July 12, 2023. The bill also contains provisions regarding the
amount of an initial payment, deadlines for subsequent payments, and the ability for an
ALJ to authorize an expedited payment schedule. However, it is unclear if the reference to
“the amount authorized” also requires that these timing provisions apply to awards for
supplemental compensation. If the timing provisions do apply to awards for supplemental
compensation, then BPW payments of the $3.0 million for supplemental
compensation/modifications of previous awards will be distributed among future
fiscal years in accordance with the bill (one initial payment equal to the State’s most recent
median household income and future installments paid within six fiscal years) or any
expedited payment schedule recommended by ALJs. The actual timing of supplemental
compensation payments may also vary due to the July 12, 2023 deadline for those requests.
Payments of Future Erroneous Conviction Awards Under the Bill
The bill (1) removes BPW discretion to deny or alter awards and (2) creates an opportunity
for a direct path to eligibility through an independent ALJ determination. Accordingly,
general fund expenditures for BPW increase, perhaps significantly, in future years if the
bill results in expanded eligibility for awards. Expenditures may be mitigated to the extent
that recipients receive monetary awards through related litigation and are required to
reimburse the State, as specified in the bill.
BPW advises that the median amount of time subject to compensation for the 10 modern
petitions granted by the board is 9,925 days. It is unclear at this time if individuals who are
determined to be eligible as a result of the bill (and would not be eligible absent the bill)
present claims of this magnitude. However, for illustrative purposes only, if even
one individual with this type of claim is determined eligible as a result of the bill’s
provisions, applying a median household income of $86,738 per year to this time of
confinement results in increased expenditures of $2.4 million.
The calculation of the base award under the bill appears to be generally consistent with the
approach used by BPW since 2019. However, the bill (1) allows for payments of attorney’s
fees and expenses and (2) allows eligible individuals to receive additional benefits, many
of which are tailored to newly released individuals and are of limited duration beginning
with an individual’s release from confinement.
With respect to additional benefits, while the bill requires OAH to direct an appropriate
State agency or service provider to provide these benefits free of charge, it is unclear if
BPW is to reimburse these agencies and providers for services rendered, if the appropriate
agency is to absorb the cost, or if another agency related to the service is to reimburse
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private service providers for services rendered. Listed below are some examples of