How Is Lost Pay Calculated in Wrongful Incarceration?
As of 2011, there were 27 states plus the District of Columbia that authorized compensation to individuals wrongfully jailed for crimes they did not commit. The amount of compensation an exoneree is entitled to differs from state to state. Nineteen of the states with wrongful incarceration compensation laws are silent on whether that compensation includes lost wages. But eight states explicitly allow exonerees to seek compensation for pay they lost while jailed.
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Wage Formulas
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Three states that allow exoneree claims for lost wages have formulas for determining the amount of lost-wage compensation. In Virginia, lost pay is figured at 90 percent of the average statewide per capita personal income for each year of wrongful incarceration, up to 20 years. Lost pay is awarded in addition to other damages the exoneree is entitled to. In New Jersey, an exoneree is entitled to the greater of twice his annual wages for the year prior to incarceration or $20,000. He is not entitled to any other damages.
Utah's Formula
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Utah’s formula figures lost wage compensation for exonerees as being equal to the statewide average annual nonfarm wage. An exoneree will be awarded this sum for up to 15 years of incarceration, but he isn’t entitled to any other damages. Iowa doesn’t use a wage formula, but limits compensation for lost wages to a maximum of $25,000 for each year of incarceration; however, this sum is in addition to other damages.
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Case By Case
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Exonerees in Connecticut, New Jersey, Tennessee and Vermont can seek compensation for lost wages in addition to other damages they may be entitled to for wrongful incarceration. These states, however, have no specific method for figuring the amount of lost wages. Instead, exonerees must offer the same kind of evidence of income they would have to present in any other type of civil action seeking compensation for lost pay, with decisions made on a case-by-case basis.
Other Damages
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The states with wrongful incarceration compensation laws vary widely in what nonwage damages an exoneree can collect. For instance, Wisconsin pays $5,000 for each year of wrongful incarceration, up to a maximum of $25,000. California pays $100 per day or $36,500 per year. States also vary widely in whether exonerees are entitled to counseling, job programs or the social services granted to parolees. In states without compensation laws, exonerees must sue in the state or federal courts and show bad faith or intentional misconduct by the state. This burden of proof is hard to meet. Some states compensate those wrongly convicted through private legislation, but this essentially involves a political campaign, with success depending entirely on the exoneree and lawmakers involved.
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References
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