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Pennsylvania State Senate
08/16/2024 10:50 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20230&chamber=S&cosponId=39728
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Senate of Pennsylvania
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: February 7, 2023 11:46 AM
From: Senator Vincent J. Hughes
To: All Senate members
Subject: Wrongful Conviction Legislation
 
In the near future, I will be introducing companion legislation, in partnership with Representative Young, to finally bring relief to those who have been wrongfully convicted.

It is hard to imagine a greater injustice than losing decades behind bars for a crime you did not commit. Pennsylvania compounds that wrong by releasing those harmed by the system without compensation, without access to support to ease the transition, and in some cases without a clear understanding of the world they are now expected to participate in.

Since 1989, Pennsylvania has exonerated 108 people who collectively served more than 1,394 years in prison for crimes they did not commit. Although we can never replace the years they lost, we can help them rebuild their lives.

My legislation will provide a process to fairly compensate and support individuals who have been wrongfully convicted, while also addressing the concerns of prosecutors and fellow legislators that compensation should go to those who can demonstrate factual innocence.

The legislation includes the following key aspects:
  • Creates a petitioning process for individuals to seek compensation for time spent incarcerated if they were released as innocent.
  • The prosecuting entity will receive notice and opportunity to challenge the petition.
  • The Commonwealth Court will hear all petitions and make a judicial determination on the petitioner’s eligibility and if damages should be awarded.
  • A petitioner may be awarded damages based on the number of years of wrongful incarceration and parole.
  • Allows individuals released before and after enactment to petition for compensation.
  • Gives access to pre-release services, general assistance, and medical reintegrative services and assistance after a wrongful conviction, independent from compensation.
So far, 38 states and the District of Columbia have enacted statutes that provide pathways for the wrongfully convicted to get relief and support after their wrongful incarceration. In Pennsylvania recourse is limited to federal civil rights lawsuits that are lengthy and cumbersome. It’s time to make this right.

Please join me in cosponsoring this important legislation. If you have any questions, reach out to Veronica Miller in my office.


Introduced as SB791