Sixteen states have laws providing compensation for wrongful convictions; All require some proof of "actual innocence," such as DNA test results; many have other restrictions such as requiring a pardon from the governor or prohibiting compensation to an exonerated individual who initially entered a guilty plea.



States providing statutory compensation for wrongful convictions
DNA-exonerated convicts

Alabama
Yes. Minimum compensation $50,000 for each year of incarceration.


Alaska
No


Arizona
No


Arkansas
No


California
Yes. Maximum compensation $100 per day of incarceration.



Colorado
No


Connecticut
No


Delaware
No


District of Columbia
Yes. No cap on compensation, but no punitive damages alllowed.



Florida
No


Georgia
No


Hawaii
No


Idaho
No


Illinois
Yes. Maximum compensation: $15,000 for up to five years incarcerated; $30,000 for 6-14 years; $35,000 for more than 14 years (with annual cost of living increase).



Indiana
No


Iowa
Yes. Attorney's fees, $50 per day of incarceration, and lost wages up to $25,000/year.

Kansas
No


Kentucky
No. However, compensation legislation is currently before both the Senate and House Judiciary Committees.



Louisiana
No. However, legislation that would provide $25,000 per year of incarceration plus lost wages and attorney's fees is currently before the Senate Judiciary Committee.



Maine
Yes. Maximum compensation $300,000; no punitive damages allowed.



Maryland
Yes. No cap on compensation amount, defined as "actual damages sustained" by the wrongfully imprisoned. Compensation must come from the state's emergency fund, or money set aside by the governor in the annual state budget.



Massachusetts
No. However, compensation legislation is currently before the Joint Committee on Public Safety.


Michigan
No


Minnesota
No


Mississippi
No


Missouri
No. However, compensation legislation is currently before the Crime Prevention and Public Safety Committee. No hearing date is set.


Montana
No


Nebraska
No


Nevada
No


New Hampshire
Yes. Maximum compensation $20,000.


New Jersey
Yes. Compensation capped at twice the amount the wrongfully imprisoned earned the year before incarceration, or $20,000, whichever is greater, plus attorney's fees.


New Mexico
No


New York
Yes. No limit on monetary compensation.



N. Carolina
Yes. $20,000 per year of incarceration, total not to exceed $500,000.


N. Dakota
No


Ohio
Yes. $40,330 per year of incaceration, plus lost wages and attorney's fees.



Oklahoma
No. However, compensation legislation was introduced to the House in February, 2003.



Oregon
No


Pennsylvania
No


Rhode Island
No


S. Carolina
No


S. Dakota
No


Tennessee
Yes. Amount or type of compensation not specified. (Court of Claims "shall hear claims for compensation by persons wrongfully imprisoned and granted an exoneration or unconditional pardon due to innocence.")


Texas
Yes. $25,000 per year of incarceration, to a maximum total of $500,000, plus one year of counseling.



Utah
No


Vermont
No


Virginia
No


Washington
No


West Virginia
Yes. Compensation limited to what the court determines will "fairly and reasonably compensate" the exonerated.



Wisconsin
Yes. The state claims board will award "the amount which will equitably compensate the petitioner," without exceeding $25,000 total or a rate of compensation greater than $5,000 per year for the imprisonment. The board can apply to the legislature for additional funds, if they find it necessary to equitably compensate.



Wyoming
No