Michigan must meet this moment to pass critical innocence reform legislation

When Michigan passed the Wrongful Imprisonment Compensation Act (WICA) in 2016, the intent was clear: provide support to those who have lost years, even decades, of their lives to wrongful convictions. Over a decade later, experience has revealed the many flaws in the statute. As a result, decisions made a decade ago continue to prevent exonerees from receiving the compensation they deserve.

Alongside WICA reform, Michigan has the opportunity to improve upon another critical tool for the wrongfully convicted by passing legislation this session to expand access to post-conviction DNA testing.

Senate Bill 909, introduced by state Sen. Stephanie Chang (D-Detroit), and cosponsored by senators from both parties, aims to fix the current flaws in WICA, making it more accessible to those the state has wronged. One significant obstacle standing between innocent Michiganders and the money they are owed is the statute’s current standard of proof.

To receive compensation, exonerees must demonstrate their innocence by “clear and convincing evidence” – a standard more demanding than the default standard of proof in most civil claims.

In addition, exonerees face unequal bargaining power throughout the WICA process. Because exonerees frequently walk out of prison with absolutely nothing, obtaining safe housing, employment, and healthcare after years behind bars is an extremely difficult task. These significant hardships often pressure exonerees to take a reduced WICA settlement in order to get at least some funds to afford basic needs.

The amendments proposed in SB909 would change the standard of proof to “a preponderance of evidence,” which is the same threshold used for most civil cases. Far from a radical change, this would simply bring WICA in alignment with the majority of Michigan’s civil legal system. Additionally, SB909 critically clarifies what new evidence of innocence is sufficient for relief – a point of confusion that has posed a barrier to relief for a number of exonerees. Administrative technicalities should not stand between innocent Michiganders and compensation.

Compensation reform is not enough – wrongfully convicted individuals must have access to forensic science to prove their innocence. Michigan has an opportunity to do this by passing Senate Bill 1035 sponsored by state Sen. Jeff Irwin (D-Ann Arbor), and House Bill 6092, introduced by state Rep. Kara Hope (D-Holt), which expands access to post-conviction DNA testing.

The amendment removes antiquated technological restrictions and updates the standard of review, making post-conviction review easier.

Last session, similar legislation received strong bipartisan support in committee before ultimately running out of time before session adjourned. The legislation introduced this session again has broad support and will improve processes for individuals, including those who pleaded guilty, petitioning for DNA testing to prove their innocence.

It would also remove outdated restrictions, and change the standard of proof warranting relief from “clear and convincing” to “a reasonable probability of a different outcome” – bringing this statute in line with the standard for winning all other post-conviction claims.

 SB909 along with SB1035 and HB6092 are opportunities for Michigan to improve access to critical support for those wrongfully convicted. Wrongful conviction is one of the worst misfortunes that can befall someone. No amount of money could ever make up for the loss of their freedom.

The financial redress that WICA provides is the bare minimum, and exonerees should not have to worry that they may not even receive it. Similarly, those still in prison who may be exonerated by DNA evidence should not face unjust barriers to accessing the critical forensic testing needed to prove their innocence.

Michigan already demonstrated a commitment to the wrongfully convicted when they passed these statutes, and can now honor that commitment by improving access to the relief they provide.