RI House Passes Bill to Compensate Those Who have Been Wrongfully Imprisoned

RI House Passes Bill to Compensate Those Who have Been Wrongfully Imprisoned

State Representative Patricia Serpa’s (D-Dist. 27, West Warwick, Coventry, Warwick) bill that would give compensation to innocent people who have spent time behind bars, but later released when found to be wrongfully imprisoned was passed in the Rhode Island House of Representatives on Tuesday.

“When an innocent person is put in prison, they not only lose their freedom but their future, their plans, everything they might have been,” said Serpa.

She added, “Once they are proven innocent, the task of re-entering society can be even more difficult than it is for those who rightfully paid for their crimes. Unlike those who are paroled, who have many services at their disposal, the innocent have nothing. They are left with no housing, no income, and no health care.”

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The measure now moves to the Senate for consideration.

The Bill

Serpa’s bill (2020-H 7086) would authorize any person who has been wrongfully sentenced to a term of imprisonment greater than one year to petition the presiding justice of Rhode Island Superior Court for an award of compensation and damages, including attorney’s fees.

Under the legislation, if the court found that the claimant was wrongfully incarcerated, it would grant an award of $50,000 for each year served in a correctional facility. For incarceration of less than a year, the amount would be prorated to 1/365 of $50,000 for every day served.

The award may be expanded to include compensation for any reasonable costs including housing, transportation, subsistence, re-integrative services, and mental and physical health care costs, along with reasonable attorney’s fees not to exceed $15,000.