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H 1758

An Act for fair compensation for erroneous felony conviction

194th Legislature (2025-2026) Introduced by Russell Holmes

Massachusetts bill creates state compensation system for individuals exonerated of felony convictions, establishing financial restitution for wrongful imprisonment and associated damages.

Accompanied a new draft, see H4860
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Bill Summary · H 1758

Legislative bill overview

H 1758 establishes a compensation mechanism for individuals who have been wrongfully convicted of felonies in Massachusetts. The bill creates a system to provide financial restitution to exonerees and sets parameters for determining appropriate compensation amounts based on factors such as length of incarceration and impact of conviction.

Why is this important

Wrongful convictions carry severe consequences including lost income, damaged reputation, psychological trauma, and disrupted family relationships that persist long after exoneration. Currently, Massachusetts lacks a comprehensive statutory framework for compensating exonerees, leaving many without formal recourse despite documented innocence. This bill addresses a significant gap in justice system accountability.

Potential points of contention

  • Cost and fiscal impact: Determining appropriate compensation levels and estimating state liability exposure could be contentious; precedent states range from $25,000-$80,000+ per year of incarceration
  • Eligibility standards: Defining what constitutes an "erroneous" conviction (DNA exoneration vs. other evidence types) and whether to include cases overturned on procedural grounds versus actual innocence claims
  • Administrative burden: Questions about which agency administers claims, appeals processes, and whether claimants must pursue civil litigation first or can claim directly from the state

Compiled from official sources — confirm details with the bill’s official record.

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