TallyIDAHOLegislative Tracker
S10272021 Regular SessionSigned into law

Adds to existing law to provide for a claim of compensation for a wrongful conviction.

IDAHO WRONGFUL CONVICTION ACT -- Adds to existing law to provide for a claim of compensation for a wrongful conviction.

IntroducedIn CommitteeFloor VoteEnacted
▶ Show statement of purpose

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 convi

house Chamber· Feb 23, 2021

House Third Reading

✓ Passed
70 Yea
0 Nay
Passed by 70 votes
Republican
58 yea/0 nay
Democrat
12 yea/0 nay
Show all 70 voter names

Session Law Chapter 17 Effective: 03/05/2021