How much financial compensation does the law award for each year spent in prison versus on parole or supervision?
Short answer
Oregon Senate Bill 1515 establishes distinct compensation rates based on the type of confinement or supervision an individual endured. The law awards $65,000 for each year of imprisonment. For time served on parole, post-prison supervision, or while required to register as a sex offender, the award is $25,000 per year. These base amounts are subject to annual adjustments for cost of living, capped at a 3 percent increase per year Source.
What the bill or law says
The legislation amends existing state statutes to raise the statutory compensation for wrongful imprisonment. The text explicitly defines two tiers of financial relief. The primary tier applies to years of actual incarceration, setting the rate at $65,000 per year. The secondary tier applies to periods of community supervision, including parole, post-prison supervision, or mandatory sex offender registration, setting that rate at $25,000 per year Source.
The bill also mandates that these payments be accompanied by a "certificate of innocence." This legal document formally states that the petitioner has proven their innocence by a preponderance of the evidence. Upon issuing this judgment, the court must order that all associated conviction and arrest records be set aside and sealed from state and federal systems Source.
How it works in practice
To receive these funds, individuals must file a petition for compensation. The Attorney General’s office is required to review these petitions within 180 days. If the statutory requirements for innocence are met, the Attorney General is prohibited from opposing the petition, which streamlines the approval process Source.
In addition to direct cash payments, the court may award access to existing state and local programs. These non-monetary supports can include counseling, housing assistance, medical aid, educational help, job training, and legal services to help regain custody of children. This holistic approach aims to provide greater financial stability and practical support upon release Source.
What the source does not answer
The provided texts do not specify the total budget allocated by the state for these payouts or the projected number of eligible claimants. While critics raised concerns about the fiscal burden during legislative debates, the documents do not contain official cost estimates or revenue impact statements. Additionally, the sources do not detail how the cost-of-living adjustment will be calculated beyond the 3 percent cap, nor do they list specific vendors or providers for the non-monetary support services Source.