Justice for the wrongfully incarcerated just got one step closer to reality for two NCIP exonerees, with the help of a new law passed last year to improve the process for compensating innocent people who wrongly spent years behind bars. Attorneys for Franky Carrillo Jr. and Johnny Williams today appeared in front of the California Victim Compensation and Government Claims Board and received approval for the exonerees’ compensation claims to be sent to the legislature for approval, which is the final step to receiving the compensation.
In attendance at the state compensation hearings in Sacramento on May 15, 2014. From left: Franky Carrillo Jr., attorney Ellen Eggers, Exoneree Maurice Caldwell, and NCIP attorneys Melissa O’Connell, Linda Starr and Paige Kaneb
These approvals came with the help of a new law, SB 618, authored by Senator Mark Leno and co-sponsored by NCIP, designed to improve the process for the wrongfully convicted to receive compensation for their years behind bars.
The system for receiving compensation was broken, requiring exonerees to reprove their innocence, forcing them to wait years for a response from the state, and making them suffer through incredible administrative hurdles to maybe get their compensation. SB 618, improves that system in several ways:
- Under the new law, people who have already received a court’s finding of innocence would be recommended to receive compensation and would not have to re-prove their innocence to the state.
- The new law requires the Board to accept the findings and credibility determinations of the court that overturned the conviction.
- The new law also put in time limits for responses – new claimants will receive a response to their petition within 60 days or the state must ask for an extension of time, instead of sometimes waiting for years only to have their claim denied.
“Before SB 618 was enacted, an administrator could refuse to honor a judge’s findings of innocence,” said NCIP Legal Director Linda Starr. “It was an affront to our legal system not to give deference to the Court and District Attorney, who had already made the extraordinary decision to overturn a conviction.”
“This is a huge advancement honoring and respecting those who have been victimized by the system and helping them rebuild their lives – many of whom leave prison without a penny to their names after years of wrongful incarceration,” said Melissa O’Connell, NCIP attorney for Johnny Williams.
SB 618 is another example of NCIP’s active legislative and advocacy efforts on behalf of the wrongfully convicted. In 2013 NCIP was instrumental in passing this crucial piece of California legislation as well as SB 569, sponsored by Sen. Ted Lieu, which helps to prevent false confessions of juveniles accused of murder by requiring that police departments videotape these interrogations.
NCIP exoneree Maurice Caldwell at state compensation hearing in support of his fellow exonerees.
NCIP thanks Senator Mark Leno, D-San Francisco, for authoring this bill and his dedication to justice. NCIP was proud to have assisted in its passage. NCIP also thanks NCIP exonerees Franky Carrillo and Maurice Caldwell, who traveled to Sacramento to urge state representatives to pass SB 618. Our exonerees are becoming powerful and effective advocates.
