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State Statutes

Here you can see which states have statutes and what they consist of.

Contact us today to learn more about each state and their individual statutes and restrictions.

State Statute basics Support Services Restrictions
Alabama Minimum of $50,000 for each year of wrongful incarceration. The wrongfully convicted person can only receive compensation if the Legislature appropriates the funds. A new felony conviction will end the claimant’s right to compensation.
Alaska No statute
Arizona No statute
Arkansas No statute
California Maximum of $100 per day of wrongful incarceration. The wrongfully convicted person must show he did not “contribute to the bringing about of his arrest or conviction for the crime with which he was charged.” This provision may prevent people who falsely confessed or pled guilty from receiving compensation.
Colorado $70,000 per year of incarceration, plus: $50,000 per year for each year of incarceration served while the individual was sentenced to execution; $25,000 for each year served on parole, on probation or as a registered sex offender. The wrongly convicted person must not have pleaded guilty in order to have avoided prosecution in another case in which the individual has not been determined to be actually innocent.
Connecticut Compensation is based on factors such as claims for loss of liberty and enjoyment of life; loss of earnings; loss of earning capacity; loss of familial relationships; loss of reputation; physical pain and suffering; mental pain and suffering; and attorney’s fees and other expenses arising from or related to such person’s arrest, prosecution, conviction and incarceration. Employment training and counseling, tuition and fees at any constituent unit of the state system of higher education and any other services needed to facilitate reintegration into the community.
Delaware No statute
District of Columbia The court determines what amount fairly and reasonably compensates the exoneree. The wrongfully convicted person must show that he “did not contribute to his own prosecution.” The wrongfully convicted person must not have pled guilty unless it was an Alford plea.
Florida $50,000 annually with a maximum of $2 million. The wrongfully convicted person cannot be compensated for years served on another prior felony conviction. 120 hours of tuition at a career center, community college or state university and college or state university and college or state university and reimbursement for any fines or costs imposed at the time of his sentence. The wrongfully convicted person must not have any prior felony convictions. Maximum of $2 million regardless of time served.
Georgia No statute
Hawaii No statute
Idaho No statute
Illinois $85,350 for those who served up to five years; $170,000 for those who served between five and 14 years; $199,150 for those who served more than 14 years. The law also reimburses attorney’s fees up to 25 percent of the compensation award. Job search and placement services. Compensation cannot exceed $85,350 for up to five years of wrongful imprisonment, $170,000 for up to 14 years and $199,150 for more than 14 years.
Indiana No statute
Iowa $50 per day of wrongful incarceration plus lost wages up to $25,000 a year, plus attorney’s fees. The wrongfully convicted person must not have pled guilty.
Kansas No statute
Kentucky No statute
Louisiana $15,000 per year of wrongful incarceration, with a maximum of $150,000. One year of job or skill training, three years of medical and counseling services, tuition expenses at a community college or unit of the state university system. Maximum of $150,000 regardless of time served.
Maine Maximum of $300,000. Maximum of $300,000 regardless of time served.
Maryland The Board of Public Works determines compensation packages for pardoned persons who were wrongfully convicted, and may grant a reasonable amount for any financial or other appropriate counseling for the individual.
Massachusetts A maximum of $500,000. Physical and emotional services, educational services at any state or community college. Any person is eligible so long as he did not plead guilty (unless such plea was withdrawn, vacated, or nullified). Maximum of $500,000 regardless of time served.
Michigan No statute
Minnesota No statute
Mississippi $50,000 for each year of wrongful incarceration with a maximum of $500,000. Maximum of $500,000 regardless of time served. The wrongfully convicted person must show that he did not suborn perjury or fabricate evidence during any of the proceedings related to the crime with which he was charged. This provision may prevent people who falsely confessed or pled guilty from receiving compensation.
Missouri $50 per day of post-conviction confinement. Only wrongfully convicted persons exonerated through DNA testing are eligible.
Montana No financial compensation. Educational aid. Only wrongfully convicted persons exonerated through DNA testing are eligible.
Nebraska $25,000 per year with a maximum of $500,000. The wrongfully convicted person must show that he did not “commit or suborn perjury, fabricate evidence, or otherwise make a false statement.” If the wrongfully convicted person falsely confessed or pled guilty, he must show that the confession was coerced. Maximum of $500,000 regardless of time served.
Nevada No statute
New Hampshire Maximum of $20,000 for the entirety of the wrongful incarceration. Maximum of $20,000 regardless of time served.
New Jersey Twice the amount of the exoneree’s income in the year prior to incarceration or $20,000 per year of incarceration, whichever is greater. The wrongfully convicted person must show “he did not by his own conduct cause or bring about his conviction.” This provision may prevent people who falsely confessed or pled guilty from receiving compensation.
New Mexico No statute
New York The Court of Claims determines what amount will fairly and reasonably compensate the wrongfully convicted person. His request will be expedited by the court of claims. The wrongfully convicted person must show “he did not by his own conduct cause or bring about his conviction.” This provision may prevent people who falsely confessed or pled guilty from receiving compensation.
North Carolina $50,000 for each year of wrongful incarceration with a maximum of $750,000. Also includes provision of job skills training and education tuition waivers. Maximum of $750,000 regardless of time served.
North Dakota No statute
Ohio $40,330 per year (or amount determined by state auditor) in addition to lost wages, costs, and attorney’s fees. The wrongfully convicted person must not have pled guilty.
Oklahoma $175,000 for the entirety of the wrongful incarceration. The wrongfully convicted person must not have pled guilty and must show that he was imprisoned solely as a result of the wrongful conviction. Maximum of $175,000 regardless of time served.
Oregon No statute
Pennsylvania No statute
Rhode Island No statute
South Carolina No statute
South Dakota No statute
Tennessee A maximum of $1,000,000 for the entirety of a wrongful incarceration. The board of claims, in determining the amount of compensation, shall consider the person’s physical and mental suffering and loss of earnings. Maximum of $1 million regardless of time served.
Texas $80,000 per year of wrongful incarceration, as well as $25,000 per year spent on parole or as a registered sex offender, plus an annuity. Compensation for child support payments, tuition for up to 120 hours at a career center or public institution of higher learning, and reentry and reintegration services, including life skills, job and vocational training for as long as those services are beneficial. In addition, the state provides necessary documentation (i.e. a state ID card) and financial assistance to cover living expenses. Help is also provided to access medical and dental services, including assistance in completing documents required for application to federal entitlement programs, assistance in obtaining mental health treatment and related support services through the public mental health system for as long as necessary. Assistance also includes obtaining appropriate support services, as identified by the exoneree and the assigned case manager, to assist in making the transition from incarceration into the community.
Utah A wrongfully convicted person is eligible to receive for each year or portion of a year he was incarcerated, up to a maximum of 15 years, the monetary equivalent of the average annual nonagricultural payroll wage in Utah. A wrongfully convicted person who served more than 15 years will not receive compensation for those additional years of wrongful imprisonment.
Vermont Between $30,000 and $60,000 per year the person was incarcerated. The exoneree is also eligible for up to 10 years of state health care, economic damages (which may include lost wages), reimbursement for attorney fees, as well as reasonable reintegrative services and mental and physical health care costs incurred by the claimant for the time period between his or her release and the date of award. The wrongfully convicted person must show that he did not suborn perjury or fabricate evidence during any of the proceedings related to the crime with which he was charged. This provision may prevent people who falsely confessed or pled guilty from receiving compensation.
Virginia 90% of the Virginia per capita personal income for up to 20 years. Tuition worth $10,000 in the Virginia Community College system. Exonerees also receive a transition assistance grant of $15,000, which is later deducted from the final award. The wrongfully convicted person must not have pled guilty–unless he was charged with a capital offense. A new felony conviction will end the claimant’s right to compensation.
Washington $50,000 per year, plus $50,000 per year for every year spent on death row and $25,000 for each year spent on parole, community custody or on a sex offender registry. The state will also pay for child support and attorney fees up to $75,000.
West Virginia No maximum amount is specified. The wrongfully convicted person must show “he did not by his own conduct cause or bring about his conviction.” This provision may prevent people who falsely confessed or pled guilty from receiving compensation.
Wisconsin $5,000 for each year in prison, with a maximum of $25,000 plus attorney’s fees. The wrongfully convicted person must show that he did not by his act or failure to act contribute to bring about the conviction and imprisonment for which he seeks compensation. This provision may prevent people who falsely confessed or pled guilty from receiving compensation.
Wyoming No statute
Federal Up to $50,000 per year of wrongful imprisonment and 100,000 per year on death row.