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BILL # HB 2813 |
TITLE: erroneous convictions; compensation |
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SPONSOR: Powell |
STATUS: House Engrossed |
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PREPARED BY: Benjamin Beutler |
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The bill would entitle an erroneously convicted person to a compensation award from the state's Risk Management Revolving Fund if the erroneous conviction claim is granted by either the Attorney General (AG) or the Superior Court. The Department of Public Safety (DPS) and the Superior Court are given responsibilities to expunge the erroneously convicted person's record under the bill.
Estimated Impact
We estimate the bill would increase costs to the state's Risk Management Revolving Fund. The magnitude of the cost will depend on the number of erroneously convicted persons that submit a claim for a compensation award.
There have been 24 exonerations in Arizona since 1989. The average time lost to wrongful imprisonment was 5.6 years. At the rate of .69 wrongful conviction a year, the average annual cost would be $641,000. In addition, there would be a one-time cost associated with past erroneous convictions. Assuming 20% of those exonerated since 1989 submit a claim, the one-time cost would be $4.5 million. These estimates do not account for the potential cost if an erroneously convicted person avails themselves of the bill's provision providing an evidentiary hearing to determine additional compensation above the standard amount.
The AG and DPS did not provide an estimated impact associated with their new responsibilities under the bill. The Administrative Office of the Courts (AOC) believes the fiscal impact to the courts would not be significant.
Under the bill, after an erroneously convicted person's judgement is reversed or vacated, they may bring an action in Superior Court seeking compensation from the state for a felony conviction, providing a copy of the claim to the AG. The bill limits the timeframe for a wrongfully convicted person to bring the claim to within 2 years of certain qualifying events, such as the effective date of the bill, the overturned conviction, or a pardon based on innocence.
If the AG does not object to the claim or if the Superior Court enters an order granting the claim, the erroneously convicted person is granted a compensation award based on a formula. The compensation award is set at 200% of the median household income in Arizona for the first year served and adjusted by inflation for each subsequent year. According to U.S. Department of Housing and Urban Development, the median family income for Arizona was $67,900 in 2019, making the first year of the compensation award $135,800. For purposes of this analysis, the $135,800 is considered the baseline compensation for each year of incarceration.
In addition to the financial compensation for each year incarcerated, the compensation award includes up to 52 hours of mental health treatment at $250 per hour (52 hours at $250 = $13,000), 120 hours credit hours of post-secondary or trade school education (ASU tuition per credit hour $574 x 120 = $68,900), and 4 hours of financial planning or literacy classes (4 hours x $200 = $800).
If the erroneously convicted person requests more than the $135,800 for each year served adjusted by inflation, the Superior Court will hold a hearing to determine the request. The court will consider: (1) time registered as a sex offender, (2) reintegrative services and mental/physical healthcare costs, (3) unreimbursed costs, fines, fees or surcharges, (4) unreimbursed restitution, (5) other damages, and (6) attorney fees.
The bill requires that the financial compensation and reimbursement for other services be paid out of the state's Risk Management Revolving Fund. The amount of the compensation award as a result of this legislation will be reduced by any other monetary judgement or settlement agreement won by the erroneously convicted person from the state or any political subdivision of the state through civil action.
In the event the Superior Court finds the claimant is not entitled to a compensation award, the claimant may appeal their case to the Court of Appeals. If at any point the court determines that the claimant is eligible for compensation, the bill would entitle the victim against whom the original criminal offense was committed up to $13,000 for mental health treatment costs. The bill would require that this cost be paid out of the Victim Compensation and Assistance Fund.
Information from the National Registry of Exonerations indicates there have been 24 non-federal exonerations in Arizona since 1989 with an average of 5.6 years lost to wrongful imprisonment, or about .69 exonerations a year. Assuming 5.6 years of wrongful imprisonment, a baseline year of 2019, and full use of the mental health and tuition compensation, the cost to the state's Risk Management Revolving Fund would be $934,000 per claimant.
Local Government Impact
None.
2/28/25