December 30, 2004

HEALEY SIGNS BILL TO HELP THOSE CONVICTED IN ERROR

New law permits wrongly convicted to seek compensation, education and training

Lieutenant Governor Kerry Healey today signed into law a measure that will provide individuals who are wrongfully convicted of a felony and serve jail time with financial compensation and training to help them rebuild their lives.

“Individuals who serve prison sentences for crimes they did not commit deserve to be compensated for the time they have lost,” said Healey. “By providing a means to redress past wrongs, this law evens the scales of justice to empower those who are wrongfully convicted to build strong futures for themselves and their families.”

Healey said the new law, which includes a number of provisions proposed by Governor Mitt Romney earlier this year, permits individuals who were erroneously convicted of a felony to seek up to $500,000 in compensation for their wrongful conviction and subsequent incarceration. In addition to monetary compensation, individuals cleared of criminal wrongdoing will be eligible for tuition reduction of up to 50 percent at state colleges and universities and for services to help them overcome emotional or physical difficulties resulting from their imprisonment.

During the past two decades in Massachusetts, over 20 individuals were freed after evidence determined they were not guilty of the crimes for which they were convicted and imprisoned. Within the last decade, more than 140 individuals across the nation had their convictions vacated after being wrongfully convicted of crimes.

To be eligible for compensation and services, candidates must either have their conviction reversed by a court and charges dismissed or receive a full pardon along with a statement of belief of innocence from the Governor. The individual may not have other charges pending related to the same incident and may not receive compensation if concurrently serving time for another conviction.

In addition, candidates must show they did not commit the crimes for which they were imprisoned and are not eligible for assistance if they pleaded guilty at the time of their indictment. Actions must be brought within two years of a gubernatorial pardon or judicial relief. The new law applies retroactively to qualified claimants, giving them three years from the effective date of the law to bring suit.

After a jury has determined a claimant has met all requirements, compensation and services will be awarded by the court based upon the length and conditions of the prison sentence as well as the income the claimant would have earned if he or she had not been in jail. Only the portion of the judgment used to pay an attorney to bring the claim is subject to taxation.

The law also affords the wrongly convicted the opportunity to clear their names and records of those felony convictions that were reversed. All relevant felony convictions at the state Criminal History Systems Board, the Parole Board and the Sex Offender Registry Board may be cleared or sealed by court order. If records are cleared or sealed, successful claimants may legally respond “no record” if asked about felony history. Such records may also not be used against a claimant in a court proceeding.

There are also a number of victim protections in the new law, including a provision that allows the prior recorded statements to be used during a wrongful conviction trial instead of live testimony.

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