SB131 creates a new statutory process for people who were wrongfully convicted and later exonerated to seek compensation from the Commonwealth in circuit court. A claimant would have to show, by a preponderance of the evidence, that they were convicted of a felony, incarcerated, and later had the conviction reversed or vacated with dismissal or acquittal on retrial, or received a full and unconditional pardon based on innocence, and that they did not commit the offense or act as an accessory or accomplice. The bill also sets a two-year filing deadline, with special timing rules for people already released before the act takes effect.
The measure establishes a compensation formula that pays $65,000 per year of imprisonment, or $75,000 per year if the person was under a death sentence, plus additional compensation for parole or postincarceration supervision and sex-offender registration. It also authorizes attorney’s fees, tuition waivers at Kentucky public postsecondary institutions, reimbursement of restitution and related court costs, limited reintegration and health-care reimbursements, and satisfaction of certain child support obligations that accrued during incarceration. Awards are to be paid in installments over three years and adjusted annually for inflation beginning in 2027, subject to a cap.
SB131 would also require the court to issue a certificate of innocence, order sealing and expungement of associated convictions and arrest records, and direct destruction of related biological samples tied to the wrongful conviction. The Department of Corrections would be required, upon request, to provide reentry services such as housing assistance, mentoring, counseling, and financial assistance. Final judgments could be appealed directly to the Kentucky Supreme Court.
The bill creates a wrongful conviction compensation fund in the State Treasury, administered by the Finance and Administration Cabinet, funded by appropriations, gifts, grants, and federal funds. If the fund is insufficient, unpaid claims would be treated as a necessary government expense and paid from other state reserve sources. The bill also includes offset and reimbursement provisions to prevent double recovery if a claimant later receives a related civil award or settlement.
The available context shows no recorded committee transcript or vote details, so there is no documented debate to gauge support or opposition. Based on the bill’s structure, it appears aimed at providing a comprehensive remedy for exonerees, while likely raising fiscal concerns because it creates an ongoing compensation obligation and a backstop to the general fund or reserve accounts if the dedicated fund runs short.
SB131 would add a new wrongful-conviction compensation remedy to KRS Chapter 411, giving exonerees a direct civil cause of action against the Commonwealth and establishing detailed eligibility, proof, filing, and payment rules. It would also require related record sealing/expungement, provide reentry services, and create a dedicated compensation fund with a state fiscal backstop, affecting the Department of Corrections, Finance and Administration Cabinet, Attorney General, courts, and state budget accounts.
No committee discussion or vote record is provided, so there is no direct evidence of legislative sentiment from the available materials. The bill’s design suggests a generally sympathetic policy goal—compensating people who were wrongfully imprisoned—paired with an administratively structured and fiscally controlled approach, which may appeal to reform advocates while prompting budget-related caution from fiscal stakeholders.
The main likely points of contention are the size and scope of compensation, the state’s fiscal exposure, and the evidentiary burden placed on claimants. Questions may arise over the requirement to prove innocence by a preponderance of the evidence, the treatment of people with other convictions or concurrent sentences, the inclusion of sex-offender registration and child-support-related relief, and the provision that unpaid claims become a necessary government expense payable from reserve funds if the dedicated account is insufficient.