Earlier this year in Georgia, Michael Woolfolk attended a legislative committee meeting as part of his ongoing efforts to receive compensation for being wrongfully imprisoned. Woolfolk, aged 45, spent 19 years in prison for a 2002 murder before the charges against him were eventually dismissed. Sitting behind Woolfolk at the meeting was Daryl Lee Clark, also 45, who served 25 years for a murder conviction from 1998 that was overturned due to legal and police errors. This marked Clark’s second attempt to secure compensation.
Georgia remains among the 11 states in the U.S. without legislation affecting the compensation of individuals who have been wrongfully convicted. In these states, individuals seeking compensation must appeal directly to the legislature, requiring a lawmaker to sponsor their case to pass a resolution for payment. Critics argue this leaves the process entangled in political issues. Efforts have been made to transfer the decision-making power to judges, but it remains uncertain if such measures will be enacted this year.
Republican Representative Katie Dempsey, a supporter of the Georgia bill, noted the significant life losses suffered by those wrongfully convicted, emphasizing the need for the state to support individuals left without savings or employment after spending years behind bars. Meanwhile, Missouri lawmakers are updating their state’s compensation law and similar legislative changes are being considered in Florida, Oregon, Montana, and Pennsylvania.
Since 1989, the majority of the 1,739 wrongful conviction compensation claims have been successful, with 1,328 claimants receiving compensation. However, in Georgia, where no such law exists, claims are less straightforward. According to the Georgia Innocence Project, only 12 people have received compensation, with at least 11 more pursuing claims. Advocates reveal that some strong cases were denied simply because claimants could not sufficiently prove their innocence to lawmakers.
The proposed legislation in Georgia would necessitate individuals proving their innocence before an administrative law judge to be eligible for compensation. The bill suggests $75,000 compensation for each year of wrongful incarceration, with additional reimbursements for fines and fees. For those who awaited a death sentence, an additional $25,000 per year of incarceration is proposed.
Compensation for wrongful conviction can be complicated by whether a person is released due to proven innocence or trial errors. Advocates emphasize that all wrongfully convicted individuals deserve compensation, affirming their legal presumption of innocence. Nevertheless, some lawmakers are hesitant to grant these compensations. Last year, Senate Majority Whip Randy Robertson opposed individual claims for compensation in Georgia, challenging the frequent use of the term “exonerated” in cases where convictions were reversed due to procedural errors.
In Florida, Senator Jennifer Bradley is advocating for the third year to remove restrictions that prevent exonerees with prior felony convictions from claiming compensation. She argues that unrelated past charges should not inhibit individuals harmed by wrongful state actions from receiving compensation. Meanwhile, Oregon is contemplating revisions to a recent law to enhance exoneree compensation benefits, and Missouri has passed legislation to expand its restitution program for wrongfully convicted individuals, increasing daily compensation and removing DNA proof requirements.
As Georgia lawmakers deliberate, some express reluctance about acting as arbiters in these cases, fortifying the quest for systemic reform in the compensation process. Woolfolk and Clark might not see compensation if the legislature fails to pass necessary reforms by the end of the session in April. Woolfolk, reflecting on missed opportunities and family milestones due to his incarceration, expressed frustration over the extended plea for justice and aid. In contrast, Clark, who received a standing ovation from the House last year, remains hopeful that this year will bring the assistance he has long sought.
