2024 House Bill 5431

House Fiscal Agency Analysis

House Bill 5431 would amend the Wrongful Imprisonment Compensation Act, which allows individuals who were convicted under a state law and imprisoned in a state correctional facility for a crime they did not commit to sue the state in the Court of Claims for compensation for their wrongful imprisonment. Among other things, the bill would change procedures for an action brought under the act, the evidence that merits a favorable judgment and the criteria for considering it, and the time frame in which certain actions may be brought. The bill would result in an indeterminate, but likely marginal, annual increase in claims and awards for compensation from the Wrongful Imprisonment Compensation Fund (WICF). The current balance in the fund would be expected to cover an anticipated increase of claims and payments in the short term. However, an ongoing increase would likely require a corresponding increase to the average annual appropriated deposit into the WICF. In FY 2023-24, $10.0 million was deposited into the WICF, and the executive recommended budget includes $10.0 million for deposit in FY 2024-25. Average yearly compensation amounts over the last four fiscal years have been approximately $9.8 million. As of the end of December 2023, there were 11 claims seeking a total of nearly $10.0 million in compensation in FY 2023-24, including attorney fees. Additional claims will likely later be identified and paid within the fiscal year. The balance of the WICF at the end of December was $19.8 million. If annual average claims exceed $10.0 million in future years, an increase in the annually appropriated deposit would be needed to support it.