Legislators consider restitution to those wrongly convicted
A bill that would entitle wrongfully convicted people in Idaho to over $62,000 a year in compensation passed the Senate unanimously Wednesday morning, and North Idaho legislators expect the same in the House.
Sponsored by Sen. Doug Ricks, R-Rexburg, Senate Bill 1027 would authorize individuals who have been wrongly imprisoned in the state of Idaho to up to $62,000 for each year served, $75,000 for those on death row, and an additional $25,000 a year for those incorrectly put on the sex offender registry.
Idaho is one of only 15 states in the country that offers no financial aid or traditional benefits received by parole-released individuals to the unjustly convicted. The average compensation offered nationally through state laws is about $68,000 per year.
Similar legislation to SB 1027 was passed by both sides of the statehouse last year (House Bill 384a). However, Gov. Brad Little rejected the bill for its probability of forcing the state into “an adversarial legal proceeding in court with the claimant,” according to his veto message.
Rep. Paul Amador, R-Coeur d’Alene, served on the House Judiciary, Rules and Administration Committee when the bill passed the first time and was happy to see it come back again this year.
“We put a lot of our faith and trust in the justice system. It is essentially better to let a guilty man go free than put the innocent behind bars, but now and then, we get it wrong and take years of their lives away from them,” Amador said. “You can’t make that time up with dollars, but we can certainly help these individuals get back into society.”
Two barriers now stand in the way of getting SB 1027 to the governor’s desk — the House Judiciary, Rules and Administration Committee, and House floor. Still, Rep. Ron Mendive, R-Coeur d’Alene, noted the legislative body might not be the biggest hurdle.
“I think SB1027 will pass the House overwhelmingly,” he said. “House Bill 384a was vetoed by the governor. That is where this could get interesting.”
Data from the National Registry of Exonerations show there have been six individuals in Idaho who have been convicted and later acquitted in the last 30 years. Four of them would still be eligible for compensation under Senate Bill 1027’s provisions.
The compensation from SB 1027 aims to act as a helping hand to exonerees who struggle to find housing, transportation, health services, and insurance even after exiting the system. Though only one drop in the bucket, Sen. Steve Vick, R — Dalton Gardens, believes it’s a fundamental provision for the state to apply.
“If someone steals from you, you have the right to restitution,” Vick said. “In this case, the government has in effect stolen a part of your life, and while financial compensation can’t make you whole or regain that time, it is what we can provide, and it is the right thing to do.”
