When the state puts an innocent man or woman behind bars, it has the obligation to financially support that person’s reintegration into society. For over a decade, state Senator Steve Bieda has sponsored legislation to compensate Michigan citizens who have been wrongfully convicted at the hands of the state. On December 21, Governor Rick Snyder signed into law the “Wrongful Conviction Compensation Act.”
Senate Bill 291, sponsored by Bieda, provides $50,000 for each year of incarceration to individuals convicted and imprisoned for crimes they did not commit, House Bill 5815, sponsored by state Representative Stephanie Chang, provides the reentry services to exonerees. The measures are now Public Acts 343 and 344 of 2016.
Exonerees will now be eligible for the same reentry services that Michigan parolees receive.
- Reentry services consistent with the services received by parolees for up to two years following the date of discharge.
- Reentry housing consistent with the traditional housing provided to parolees for up to one year following the date of discharge.
- Assistance in obtaining vital documents, including state identification.
Exonerees previously received no assistance from the state after their wrongful conviction.
Michigan joins 31 other states, the District of Columbia and the federal government in providing compensation to the wrongfully convicted. Receiving compensation will not be automatic. Exonerees must file their claim in the Court of Claims and prove their innocence by clear and convincing evidence.
Public Acts 343 and 344 will help Michigan exonerees reintegrate back into society and improve their quality of life. You can never fully compensate someone for his or her wrongful conviction, but you can do what is just and right. The new law is a step in the right direction, bringing renewed hope for a fair and caring criminal justice system in the new year.
The author, Marla Mitchell-Cichon, is the director of WMU-Cooley Law School’s Innocence Project. She was honored in fall 2016 with the State Bar of Michigan’s Champion of Justice Award and Ingham County Bar Association’s Leo A. Farhat Outstanding Lawyer Award. She led the efforts for the release of WMU-Cooley Innocence Project’s client Donya Davis. Davis was wrongfully convicted of carjacking, armed robbery and rape in 2007. Davis was exonerated in 2014, and is the third client exonerated by the WMU-Cooley Innocence Project. The Project is currently working on 15 promising cases and screening approximately 200 cases for factual innocence.