There was great joy when, after 9 long years, Michigan became the 37th state to adopt a compensation bill for the wrongfully convicted. But the jubilation was short-lived. It became more and more depressing as exoneree after exoneree was denied compensation because the exoneration did not contain "newly discovered evidence" or because the past Attorney General applied another state law to the claimants which stated that they had to start their claim within 6 months of the bill becoming law (this was brought to light about 8 months after the bill became law when everyone thought they had 10 more months! Apparently, the former Attorney General thought it was his job to deny duly deserved compensation to those who had their lives stolen from them by the State. Thank God he wasn't elected Governor!), and then to top it off, the state failed to adequately fund the account out of which compensation would be paid.
On March 6th, Dave Moran and exoneree Richard Phillips spoke in support of House Bill 4286, sponsored by Rep. Steve Johnson. A substitute bill was approved by unanimous vote on March 7th. 4286 deals with the funding. It requires the Attorney General to give quarterly reports to the House and Senate Appropriations Committees, the House and Senate Fiscal Agencies, and the State Budget Office, updates on the balance of the fund and further need of money so that the fund is adequate prepared for the pending claims. It also requires reports on all of the denied claims so the legislature is up to date with how the courts are responding to the law. If unexpected results are occurring, i.e. claimants being denied for reasons not intended by the legislature, appropriate amendments can quickly be made.
Senate Bill 68 deals with amending the Revised Judicature Act, so that it does not conflict with the clearly stated 18 months period of time existing exonerees had to make their claim when the bill became law.
We hope that the Wrongful Imprisonment Compensation Act becomes the law it was meant to be, offering exonerees hope of a new beginning. Contact your House Reps and Senators and express to them that, when it comes to criminal justice reform, Michigan needs to be a shining light to the rest of the nation.
Downloads:
Analysis of HB4286 Current Version of HB4286 Current Version of SB68