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Wrongfully convicted could see big pay day

Bill would provide $50,000 per year of imprisonment

Posted: February 27, 2014 - 12:07am

Wrongfully convicted Alaskans could get up to $50,000 for every year of incarceration if lawmakers pass a bill introduced Wednesday.

Currently, such a person would get no compensation, but that has never been challenged because there is not a known wrongful conviction in Alaska history, said Rep. Scott Kawasaki, a Fairbanks Democrat and sponsor of HB352.

“It’s really hard to get a person fair compensation for the number of years they spent in jail away from loved ones and unable to grow up, essentially,” Kawasaki said, adding, “you can’t pay back a person for time they were wrongfully in prison.”

The bill would allow wrongfully convicted persons to request compensation up to a cap of $2 million. To be eligible, the person must be exonerated via a retrial, dismissed charges or executive pardon because of innocence.

“The one thing I hope this will do is for people who are wrongfully convicted is it will at least give them a good starting point,” he said.

If lawmakers approve HB352, Alaska would become the 30th state plus the District of Columbia to have some form of compensation statute, Kawasaki said.

“This is an issue I hope folks will pay real close attention to,” he said.

If the legislation is not approved this session, Kawasaki plans to bring it forward next year, he said.

“There’s a lot of cases being overturned from post-conviction DNA,” he said.

A recent report indicated 2013 was a record year for exonerations, Kawasaki said, adding that he expects that trend to continue.

“A lot of the reason that has happened is because of technological advancements like DNA (testing),” he said. “More and more cases will be tried. There will be a lot more convictions overturned.”

The bill is part of a suite introduced by the Fairbanks Democrat. The companion bill is HB339, which seeks to improve the reliability of eyewitness testimony, “the single most contributing factor to wrongful convictions,” Kawasaki said.

“It improves and reforms the justice system we have in place,” Kawasaki said of the paired legislation. “You want the guilty to be convicted, and you want innocent people to be set free. That speaks to both bills.”

HB339 aims to improve the eyewitness testimony by requiring witnesses to evaluate a lineup of individuals in sequential order, rather than looking at a whole group including a suspect at once.

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James Coleman
2116
Points
James Coleman 02/27/14 - 06:38 am
1
6
Why rob the taxpayer?

Okay, with modern technology we can set those free who were wrongfully convicted. However, they were found guilty at the time with the investigative techniques and technology available at the time. This is not negligence on the part of the state. It is wrong to give them multimillion dollar payoffs on the taxpayer dime. Reentry programs and job training ok, but let Alaskan taxpayers keep their hard earned money. This isn't our fault.

Don B
1686
Points
Don B 02/27/14 - 07:41 am
5
0
Prosecuting Agency Accountablility
Unpublished

If the payout came straight from the prosecuting agencies budget and no State moneys to replace that payout once it happens would set a precedent of accountable accuracy.

Alexander  Madagascar
1283
Points
Alexander Madagascar 02/27/14 - 09:59 am
1
0
I think this is probably more about...

...CYA (cover your a--) than giving wrongfully convicted people "payouts". I'd imagine without some policy like this in place, the state could be opened up to far more expensive litigation and settlements.

Anyone have any info on how much this happens in our state?

edit: Never mind, looks like I found some data http://www.alaskainnocence.org/

The answer is not much...

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