The column below reflects the views of the author, and these opinions are neither endorsed nor supported by WisOpinion.com.
Every year people are exonerated across the country for crimes they did not commit. Spending years in prison, before new evidence, DNA testing, or recanted testimony, exonerates them. Most return to society having their lives shattered in the process. In 1913, Wisconsin become the first state in nation to decide the state had a duty to do something for exonerees; settling on providing compensation.
This new law offered exonerees compensation of $1,500 per year of incarceration and a cap of no more than $5,000. Over the last century, numerous states would follow suit and adopt similar laws. As of now, 38 states, the District of Columbia, and the federal government all provide compensation for those wrongfully convicted.
Today, an exoneree must petition the Wisconsin Claims Board and show that there was clear and convincing evidence that they were innocent of the crime they were convicted. If the evidence meets this criterion, the Claims Board can approve of the petition and compensation can be awarded at a yearly rate of $5,000 a year with an overall limit of $25,000. For someone to receive more than the cap, the Claims Board must recommend to the legislature that the petitioner should receive additional compensation and then the legislature must pass a bill appropriating this money.
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Such bills have passed and been signed into law only three times, 1983 Act 312, 1983 Act 548, and 2013 Act 206. Of the 38 states that compensate exonerees, less than five have a process similar to Wisconsin. However, it didn’t have to be this way. In 2015, I voted for 2015 Assembly Bill 460 which would’ve reformed this process through the following:
- provide a transition to release plan for all future exonerees
- provide various re-entry services
- would give exonerees access to healthcare
- seal an exonerees records
- provide an immediate amount of compensation upon release
- raise the yearly compensation rate to $50,000 a year with an overall cap of $1 million.
AB460 would’ve brought our compensation amounts in line with the rest of the country, including the federal government. The rate of $50,000 a year, is what the original rate of $1,500 a year would be today had it adjusted for inflation. Unfortunately, this bill did not become law despite passing the Assembly unanimously 98-0.
I have a constituent, Gabriel Lugo, who had been recommended by the Claims Board to receive additional compensation following his exoneration and release after 15 years in prison. It was this recommendation that prompted me to author the reintroduction of the reforms from 2015 in 2025 Assembly Bill 583 and 2025 Senate Bill 577 with Sen. Van Wanggaard, and my state senator, Sen. Chris Larson.
Without this legislation, an individual appropriation bill would continue to be needed to act upon any recommendations by the Claims Board. The most recent recommendation acted on; being Robert Stinson and his recommendation signed into law in 2013 Act 206. He petitioned for $5,000 per year of his incarceration for a total of $115,000. The legislature passed a bill appropriating him the additional $90,000 for his 23-year sentence.
When the state takes responsibility for its errors, we are demonstrating that the criminal justice system has integrity and accountability. As lawmakers, we have a duty to ensure this system works the way it should rather than continuing to leave exonerees destitute and out to dry. This fall, two brothers David and Robert Bintz (aged 69 and 70) were both awarded $25,000 and received recommendations from the Claims Board for each of their 25 years of wrongful incarceration.
Without these reforms, exonerees would continue to need individual appropriation bills to receive an adequate amount of compensation. These bills have rarely been acted upon, and even more rare, signed into law. The legislature should not have to play judge and jury again when we have a process already in use at the Claims Board.
Wisconsin decided 112 years ago that the state had an obligation to right their wrongs when the justice system fails its citizens. We cannot give back the centuries taken from exonerees, but we can take a step to make things right. It’s time we repaired this broken system.
– Rodriguez, R-Oak Creek, represents the 21st Assembly District and serves on the Joint Committee on Finance.
