The Florida Senate panel supports the draft law on wrong incarceration

A Senate group approved a proposal on Wednesday aimed to help people who have been incarcerated to receive compensation from the state.

The invoice (SB 130) would make changes in a Florida law that allows the compensation of exonerated persons after they have been convicted for crimes.

The 2008 victims of the Law for the compensation of incorrect incarceration includes what is known as a “clean hands” provision that causes the exoners who have been previously condemned for certain non -eligible offenses for compensation.

The sponsor of the Senate draft law, Jennifer Bradley, R-Fleming Island, told the Senate Criminal and Civil Justice Committee that 18 exonerals who collectively spent more than 300 years behind the bars have been refused compensations since the law was adopted in 2008, due to the previous convicts.

“Only to be clear, this draft law does not refer to having strong punishments against criminals who commit bad acts in our state. This draft law is regarding the persons who have been exempted, who have been found innocent by the initial conviction court. This is the universe of people we are talking about. This draft law is wrong and receives the compensation that was worth it when the state is wrong, “Bradley said before the committee approves the measure with a 6-2 vote.

Florida is the only state with a program to compensate for incorrect incarceration that excludes people with previous crimes, a restriction that makes the vast majority of exonera unlikely for payments.

According to the National Exonements Register, 91 people from Florida have been exempted since 1989. Five of these exemptions received compensation.

According to the current law, the exemptions found guilty by the court who convicted them are eligible for $ 50,000 for each year in which they served in prison. Compensation is limited to $ 2 million.

Exoners who are ineligible for the compensation program can request payment from the state through the “claim invoice” legislative process, which also requires a special master review. The process can take years and usually requires the assistance of lobbyists and lawyers.

Also, the draft law has been extended from 90 days to two years a deadline for the executions to request compensation from the state and to establish a process for people who receive compensation to reimburse the state if they receive civil settlements.

Bradley’s bill must delete another commission before the full Senate can vote for this. Last month, a house group approved a similar measure (HB 59) sponsored by Rep. Koster traci, r-tampa.