Do we support those the justice system fails?

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Driving around the other day, I was listening to a news story on the radio about the lack of support exonerated inmates receive in Michigan once they are released from prison.

I was struck by the stories of several individuals who were released and left to languish, despite the fact that they had spent as much as 26 years in prison for crimes they did not commit.

The story also sparked a question in my mind – what do we do in Wisconsin?

It turns out that Wisconsin is one of 25 states that does allow for possible compensation for exonerees, according to figures from the national Innocence Project. However, the level of compensation is the lowest among the states providing compensation.

Exonerated prisoners can petition a claims board seeking $5,000 per year up to a total of $25,000. In order to receive compensation, they must prove their innocence to the board with clear and convincing evidence.

Keith Findley, who runs the Wisconsin Innocence Project, characterized compensation as “woefully inadequate.” He also said the process puts a “high burden” on the exonerated prisoner, who may not have the wherewithal to make it through the claims process.

By comparison, exonerated prisoners in Louisiana are eligible for $15,000 year for each year of wrongful incarceration. The total amount of compensation is capped at $150,000. However, their support goes beyond money, so that courts may also award: money for job training for one year, medical and counseling services for three years, tuition expenses at a community college or the state university system.

Other states provide even more. Texas provides $50,000 per year of wrongful incarceration – twice that if the inmate was on death row, as well as one year of counseling services.

Findley noted that we provide no additional support services, something that we do provide for individuals who actually committed crimes and are released on parole. “No counseling, no drug treatment, no education assistance, no housing assistance, no employment assistance.”

It doesn’t make sense to provide less support to someone who is exonerated. We also have to consider whether we are setting individuals, who have spent time in prison for crimes they did not commit, up to fail.

Findley said there have been some discussions with legislators about changing the compensation Wisconsin provides exonerees, but those talks are in their early stages. However, they are discussions that must move forward if we want exonerated prisoners to successfully rejoin the community.

Members of Wisconsin’s legal community need to be involved in the discussions to help guide our response when an injustice is perpetrated.