The House has taken the position that anyone who was wrongfully convicted, later exonerated and freed should receive compensation, whether the reason for the release is from DNA proof or by evidence the police, prosecuting attorney or judge did something wrong. They have overwhelmingly passed versions of compensation process overhauls the past several years.

Some Republican leaders, on the other hand, have expressed different views. They believe exonerees should only be compensated if the government was at fault for the wrongful conviction — instances such as evidence tampering or shady prosecution.

“When discussing Rep. Holcomb’s bill in committee in the past, the Senate and House had such vastly different starting points, I didn’t see how we could move forward,” said Senate Judiciary Chairman Brian Strickland, a McDonough Republican who has been supportive of the framework of Holcomb’s efforts in the Senate.

The measure that is now part of SB 429 aims to fix what Holcomb calls a “very laborious process” that lawmakers are often hesitant to get involved with.

Under Georgia’s current process, once a judge or prosecutor has thrown out the charges against someone who had been convicted, they must find a legislator who is willing to sponsor a resolution that would compensate them, a process that often gets bogged down by politics.

They must also present their case to an advisory board under the secretary of state’s office that’s designed to process smaller claims from people harmed by state agencies before it comes before the Legislature. The board does not have guidelines for wrongful conviction compensation.

If passed, SB 429 would create a panel of appointees, all subject matter experts in wrongful convictions or criminal justice, to vet compensation claims while laying out clear guidelines for who qualifies. It was amended in a Senate panel to also require that those who have been exonerated are compensated at a figure between $60,000 and $120,000 per year of wrongful imprisonment.

The recommendation would then go to the state Supreme Court’s chief justice for approval and be funded through the judicial budget.

Robertson tabled all of the compensation legislation last year, he said, so he could work on his own version of a bill to revamp the process. Robertson said he is still working on his proposal to roll back some of the General Assembly’s oversight of the compensation process.

For individual payments, once resolutions pass both chambers, the money has to be placed in the state budget. This year, that money likely won’t be included.

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