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SB 704

Relating to reports of circuit court proceedings

2025 Regular Session

The bill removes the $750,000 cap on wrongful conviction compensation, expanding payments via $50,000 per year and adding Medicaid coverage and transition services for exonerees.

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Bill Summary · SB 704

Summary — SB 704: The Ronnie Long No Cap Act

Status: Passed 1st Reading (2025 session)
Primary sponsors: Senators Burgin, Britt, Meyer (NC)
Subject: Compensation and post‑release supports for wrongfully convicted persons (exonerees)

Purpose

The bill removes the statutory cap on monetary compensation for persons who were wrongfully convicted of felonies and later vindicated, and establishes additional post‑release supports (Medicaid coverage and transition services) to help exonerees reenter society.

Key provisions

  1. Remove cap on compensation

    • Maintains the existing formula of $50,000 per year (or prorated portion of a year) of wrongful imprisonment.
    • Eliminates the current statutory maximum total award of $750,000 (previous cap), so awards may equal $50,000 per year for all years actually served for the offense of vindication.
    • Awards continue to be administered after a hearing before the Industrial Commission; determinations remain subject to judicial review.
    • Payment comes from the Contingency and Emergency Fund or other available State funds as under current law.
    • Retroactivity: applies to awards made before, on, or after enactment; retroactive application to previously awarded claimants applies only to claimants still living when the law takes effect.

  2. Medicaid eligibility for exonerees

    • Directs the Department of Health and Human Services, Division of Health Benefits (DHB) to seek federal approval (1115 demonstration waiver, State plan amendment, or other waiver) to provide Medicaid coverage to qualifying exonerees “without regard to income, resources, or assets.”
    • If CMS approval is received, DHB must report to the Joint Legislative Oversight Committee on Medicaid confirming approval, start date, and estimated State costs.
    • If CMS denies the request or does not act by June 30, 2027, DHB must report on the denial and estimated State costs if such eligibility were granted without federal matching funds; the waiver request subsection expires June 30, 2027 if not approved by that date.

  3. Transition services by Department of Adult Correction

    • Requires the Department to provide tailored transition services upon release to persons who meet petition criteria under G.S. 148‑82, prioritizing housing, employment, and sustenance.
    • The Department may contract with public or private entities to deliver services.
    • Caps transition service expenditures at $25,000 per released person.
    • Applies to persons released on or after the law’s effective date.

Who is affected

  • Primary beneficiaries: persons who were wrongfully convicted (met statutory criteria/pardoned or otherwise vindicated under G.S. 148‑82 and related provisions).
  • State agencies: Industrial Commission (awards hearings), Office of the Budget (payments), DHB (Medicaid waiver and reporting obligations), Department of Adult Correction (service delivery/contracting).
  • Fiscal exposure: State bears greater potential liability for compensation (no $750k cap) and additional costs for Medicaid eligibility (subject to federal approval and reporting) and transition services (up to $25,000 per person).

Implementation & timing

  • Section removing cap: effective upon enactment; applies retroactively as noted.
  • Medicaid changes: implementation contingent on federal CMS approval; requirement to report on approval/denial; subsection expires June 30, 2027 if not approved.
  • Transition services: effective upon enactment and applies to later releases.

Notes / uncertainties

  • The bill does not include a fiscal estimate in the provided text; eliminating the $750,000 cap could substantially increase State liabilities depending on the number of eligible exonerees and years served.
  • Medicaid expansion for exonerees depends on federal approval and potential federal matching (FMAP); State cost exposure varies accordingly.

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

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