Author: Hayley Shepard, Senior Editor
If you were wrongfully imprisoned, even for just a day, would you expect some sort of compensation? Thirty-eight states have statutes that allow for compensation to exonerees for their wrongful convictions and subsequent incarcerations.[i] Kentucky is one of the twelve states that does not.[ii] Kentucky House Bill 571 was introduced in February 2023 and, if passed, would allow for compensation to those wrongfully convicted in Kentucky.[iii] To qualify for compensation, the exoneree’s conviction must have been reversed, vacated, or pardoned based on their innocence.[iv] This bill would allow for compensation to exonerees in the amount of $65,000 per year of wrongful imprisonment.[v] If the exoneree spent time on death row, they shall be compensated $75,000 for each year of imprisonment on death row.[vi] Additionally, it would award the exoneree $25,000 for each additional year served on parole or post-incarceration supervision.[vii] The bill also provides for non-monetary compensation such as counseling, housing assistance and personal finance literacy assistance.[viii]
Twenty-three people have been exonerated in Kentucky.[ix] Most of these exonerations are due to the work of the Kentucky Innocence Project.[x] Because Kentucky does not currently have a wrongful conviction compensation statute, an exoneree’s only chance at governmental compensation is by suing for violations of their civil rights.[xi] However, in such a suit, the exoneree must prove misconduct, typically committed by a law enforcement agency, to receive compensation.[xii] This means that most of the exonerees in Kentucky have received no compensation for their time spent behind bars. One notable exception is the case of William Virgil. Virgil was wrongfully convicted of the murder of a Newport woman named Retha Welch.[xiii] After Virgil’s exoneration, he filed suit against the City of Newport, City of Norwood, City of Cincinnati, and several police officers.[xiv] The suit was settled for $28,000,000, representing the twenty-eight years Virgil was incarcerated.[xv] Unfortunately, this case was litigated for eight years and Virgil passed away before a settlement was reached.[xvi] The settlement money passed to his estate.[xvii]
In addition to the Kentucky Innocence Project, another organization that is making a difference in the lives of those wrongfully imprisoned in Kentucky is the Chandler Project. The Chandler Project aims to help exonerees re-enter into society after years of incarceration.[xviii] It focuses on helping the exoneree by providing guidance in finding a career, navigating legal issues, and fulfilling their medical and mental health needs.[xix] If Kentucky House Bill 571 is passed, it will provide exonerees with government funded access to many of the services the Chandler Project provides. This includes funds for attorney fees, counseling, housing, tuition, reintegrative services, and health care.[xx] These are expenses that many exonerees cannot afford immediately after being released from incarceration. If passed, this Bill may help exonerees successfully re-enter society after years of wrongful incarceration.
[i] Alejandra Marquez Janse and Ari Shapiro, For the exonerated, compensation is a battle for stability and dignity, NPR, January 11, 2023, https://www.npr.org/2023/01/11/1147443227/for-the-exonerated-compensation-is-a-battle-for-stability-and-dignity.
[ii] Id.
[iii] H.B. 571, 133rd Gen. Assemb. Reg. Sess. (Ky. 2023).
[iv] Id.
[v] Id.
[vi] Id.
[vii] Id.
[viii] Id.
[ix] The National Registry of Exonerations, Exonerations by State, December 13, 2023, https://www.law.umich.edu/special/exoneration/Pages/Exonerations-in-the-United-States-Map.aspx.
[x] Kentucky Innocence Project, last visited January 7, 2024, https://dpa.ky.gov/home-2/about-dpa/offices-and-branches/kip/.
[xi] Virgil v. City of Newport, 545 F. Supp. 444 (E.D. Ky. 2021).
[xii] Id.
[xiii] Id.
[xiv] Id.
[xv] Id.
[xvi] Preston Charles Funeral Home, William “Ricky” Virgil Obituary, last accessed January 7, 2024, https://www.prestoncharlesfuneralhome.com/obituary/WilliamRicky-Virgil.
[xvii] Id.
[xviii] The Chandler Project, About the Chandler Project, last accessed January 7, 2024, https://www.thechandlerproject.us/about.
[xix] Id.
[xx] H.B. 571, 133rd Gen. Assemb. Reg. Sess. (Ky. 2023).