HB394 Alabama 2020 Session

Summary

Primary Sponsor

Laura HallRepresentative

Democrat

Session

Regular Session 2020

Title

Wrongful Incarceration, compensation, provided further, Secs. 29-2-156, 29-2-159 am'd.

Summary

HB394 would pay people who were wrongly incarcerated when their conviction is reversed and the state declines to reprosecute, with base per-year awards and a process for possible extra compensation.

What This Bill Does

The bill broadens eligibility for wrongful incarceration compensation to include cases where a conviction is reversed and the state does not retry the case. It sets base payment amounts for different eligibility scenarios and allows a committee to recommend additional discretionary compensation after a hearing, subject to legislative approval. It outlines how payments are certified and made, who can present supporting or counter evidence, and requires notice to involved parties; it also states that committee decisions are not reviewable on appeal. The act takes effect several months after passage and governor approval.

Who It Affects

• Wrongfully incarcerated individuals who meet the revised eligibility criteria would receive base compensation, with potential additional amounts if approved.
• State agencies and officials administering the program (Division of Risk Management, the Comptroller, the Compensation Committee, and the Legislature) would verify eligibility, certify amounts, process payments, and handle discretionary awards.

Key Provisions

• Amends Sections 29-2-156 to include new eligibility scenarios, such as a reversed conviction with no reprosecution and other qualifying conditions.
• Amends Section 29-2-159 to establish base awards: $50,000 per year (or pro rata) for eligibility under 29-2-156(1) or (2); $25,000 per year (or pro rata) for eligibility under 29-2-156(3).
• Allows a committee to recommend additional discretionary compensation after a hearing, with any extra amount to be provided by future legislation.
• At hearings, applicants can present affidavits or testimony and the AG or local prosecutors can present counter-evidence; the committee decides if extra compensation is warranted.
• Payments: the Comptroller pays the base amount upon certification; any additional amounts are paid as enacted by the Legislature.
• Notice: the committee must notify all involved parties within 10 days of certifications; committee decisions are not subject to appeal.
• Effective date: becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Compensation