Advocates renew push to raise compensation cap for those wrongfully convicted

A group of lawmakers and criminal justice advocates are reviving a proposal to lift the state's $1 million cap on compensation for those who've been wrongfully convicted.

"There's no amount of money that makes up for having lost your freedom and your life," said state Sen. Pat Jehlen, the bill's lead sponsor. But "this will provide them with immediate relief."

The bill was passed by the Joint Judiciary Committee last week and sent to the Senate Committee on Ways and Means. Advocates hope that getting a favorable report relatively early in the Legislative session is a positive sign for its future chances.

Previous versions of the bill have failed to pass. Jehlen said the "big difference" this year was explicit buy-in and support from Massachusetts Attorney General Andrea Campbell's office.

Under the new language, the attorney general's office would create an administrative process for compensating those who've been exonerated, rather than making people fight in court for settlements.

The bill sets a standard rate of $115,000 per year of wrongful incarceration. So if a person served 20 years, they'd be awarded $2.3 million.

Exonerated individuals would also immediately receive $15,000 after being released, and connected with social services.

In a statement, a spokesperson for Campbell said the attorney general "continues to believe that the $1 million dollar cap is unreasonable."

Campbell "supports raising the cap and reforming the current system to create an administrative claims process that better and more expeditiously serves those who are eligible for compensation," the spokesperson said.

People who've been wrongfully convicted in Massachusetts have been fighting to raise the cap for years. Ninety-eight people have been exonerated in Massachusetts since 1990, representing about 1,379 years of wrongful incarceration, according to data from the National Registry of Exonerations.

Fred Clay, who was wrongfully convicted of murder and spent almost 38 years in prison, received a $1 million settlement in 2019. Michael Sullivan served 26 years for a murder he did not commit. A jury awarded him $13 million last year, but the payout was capped at $1 million.

Sen. Jehlen said these stories motivate her to keep pushing for reform.

"We owe these people a tremendous moral debt which we will never make up," Jehlen said. "But this will make it a little better."