Georgia is one of 12 states without a law to compensate wrongfully convicted individuals, and those most affected are pushing for change.
The current process requires wrongfully convicted individuals to seek compensation through the legislature, relying on a lawmaker to sponsor a resolution. Critics argue the system is overly politicized, while lawmakers push to transfer the decision to judges—though it’s uncertain if the measure will pass this year.
“We need to take care simply of people who
have lost so many years of their lives and their ability to make money, have a job, have a family, create stability,” Republican Rep. Katie Dempsey, a sponsor of the Georgia bill, told The Associated Press.“Many are at the age where they would be looking at their savings, and instead, there’s none.”
Among those impacted include Michael Woolfolk, 45, who spent 19 years in prison for a 2002 murder before his charges were dismissed. Woolfolk attended a Georgia legislative committee earlier this year where lawmakers debated—for the third year—whether to compensate him.
Daryl Lee Clark, 45, spent 25 years behind bars for a 1998 murder conviction that was overturned due to legal and police errors. His attendance at the legislative committee meeting was his second attempt to secure compensation.
Missouri lawmakers have passed a bill to update the state’s compensation law and are awaiting the governor’s approval. Meanwhile, Florida, Oregon, Montana, Pennsylvania, and Georgia legislators are considering similar updates.
The latest version of Georgia’s proposal would require individuals to prove their innocence before an administrative law judge. They could receive $75,000 per year of wrongful imprisonment, plus reimbursement for fines and fees if approved. Those sentenced to death would receive an additional $25,000 for each year spent on death row.
“The way that the state has treated these individuals by taking away their freedom and liberty and effectively ruining their lives, by wrongfully convicting them and then failing to expeditiously compensate them and help them get back on their feet, doesn’t sit well with me,” said Democratic Rep. Scott Holcomb, a bill sponsor, and former prosecutor.
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