HB306 Alabama 2021 Session

Summary

Primary Sponsor

Laura HallRepresentative

Democrat

Co-Sponsors

Merika ColemanAnthony DanielsNeil Rafferty

Session

Regular Session 2021

Title

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

Summary

HB306 expands wrongful incarceration compensation in Alabama by adding new eligibility rules and setting specific annual payout amounts when a conviction is reversed and reprosecution is declined.

What This Bill Does

It expands who can qualify for wrongful incarceration compensation to include cases where a conviction is reversed and the state declines to reprosecute. It sets base payments: $50,000 per year (or pro rata) for most eligible paths and $25,000 per year (or pro rata) for cases reversed on appeal due to ineffective assistance of counsel or prosecutorial misconduct where reprosecution is declined. It allows a discretionary additional amount after a hearing if warranted, with any extra money requested via a bill to the Legislature. It outlines that payments come from state funds after certification and sets the effective date as the first day of the third month after passage and governor approval.

Who It Affects

• Individuals convicted of felonies who were innocent and served time in prison (path 1).
• Individuals incarcerated pretrial on a state felony charge for at least two years before charges were dismissed based on innocence (path 2).
• Individuals whose felony conviction was reversed on appeal due to ineffective assistance of counsel or prosecutorial misconduct and the state declined to reprosecute (path 3).

Key Provisions

• Amends sections 29-2-156 and 29-2-159 to expand eligibility for wrongful incarceration compensation and to set specific per-year payout amounts.
• Base compensation is $50,000 per year (or pro rata) for eligibility under 29-2-156(1) or (2), and $25,000 per year (or pro rata) for eligibility under 29-2-156(3).
• The committee may recommend additional discretionary compensation after a hearing if circumstances warrant, with supplemental amounts to be requested through legislative action.
• Payments are made by the Comptroller from state funds upon certification, and the committee’s determinations are not subject to review on appeal; the act includes procedural notices and an effective date.
• Effective date: first day of the third month following passage and gubernatorial 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