GPS RESEARCH LIBRARY: Georgia Wrongful Conviction and Incarceration Compensation Act (2025) ============================================================ Georgia Prisoners' Speak — gps.press Generated: 2026-04-03 10:17:25 EDT Research Date: 2026-03-19 Topic: Post-Conviction Reform JSON: https://gps.press/research-data/georgia-wrongful-conviction-and-incarceration-compensation-act-2025/?format=json SUMMARY ---------------------------------------- The Georgia Wrongful Conviction and Incarceration Compensation Act (SB 244), signed into law on May 14, 2025, establishes Georgia's first standardized compensation system for exonerees at $75,000 per year of wrongful incarceration. As of early 2026, 46 claims have been filed but only 3 people have been awarded compensation, with the process criticized as burdensome due to requirements to relitigate innocence, lack of appointed counsel, and administrative courts' unfamiliarity with criminal cases. An 11Alive investigation estimated the state could owe approximately $46 million if all ~51 Georgia exonerees received full compensation for 600+ combined years of wrongful imprisonment. LEGAL FACTS (11) ---------------------------------------- - [confirmed] Governor Kemp signs Wrongful Conviction Compensation Act On May 14, 2025, Governor Brian Kemp signed into law the Wrongful Conviction and Incarceration Compensation Act, codified as O.C.G.A. Chapter 22 of Title 17 (§§ 17-22-1 through 17-22-12), enacted through SB 244, effective July 1, 2025. Date: 2025-05-14 Tags: legal,policy,wrongful_conviction Sources: O.C.G.A. 17-22-1 Text; SB 244 Signed - [confirmed] Compensation rate: $75,000 per year of wrongful incarceration The Act provides $75,000 per year of wrongful incarceration, prorated if necessary. Date: 2025-01-01 Tags: legal,policy,wrongful_conviction,budget Sources: O.C.G.A. 17-22-1 Text - [confirmed] Additional $25,000 per year for death row incarceration The Act provides an additional $25,000 per year for time wrongfully spent on death row, in addition to the base $75,000 per year. Date: 2025-01-01 Tags: legal,policy,wrongful_conviction,death_penalty Sources: O.C.G.A. 17-22-1 Text - [confirmed] Cost of living adjustments begin January 1, 2026 Beginning January 1, 2026, compensation amounts may be adjusted annually for cost of living. Date: 2026-01-01 Tags: legal,policy,wrongful_conviction Sources: O.C.G.A. 17-22-1 Text - [confirmed] Claims filed with OSAH within 3-year deadline Claims must be filed with the Office of State Administrative Hearings within 3 years of exoneration or within 3 years of July 1, 2025, whichever is later. Date: 2025-01-01 Tags: legal,policy,wrongful_conviction Sources: O.C.G.A. 17-22-1 Text - [confirmed] No appointed counsel for compensation claimants Unlike HB 176 (which guarantees counsel for out-of-time appeals), the Wrongful Conviction and Incarceration Compensation Act does not provide or appoint legal counsel — claimants must represent themselves or obtain private counsel. Date: 2025-01-01 Tags: legal,policy,wrongful_conviction Sources: O.C.G.A. 17-22-1 Text - [confirmed] ALJ recommendation goes to Chief Justice of Supreme Court of Georgia Under the Act's process, the administrative law judge makes a recommendation to the Chief Justice of the Supreme Court of Georgia regarding eligibility and compensation. Date: 2025-01-01 Tags: legal,policy,wrongful_conviction Sources: O.C.G.A. 17-22-1 Text - [confirmed] Claimant must serve claim on Attorney General and prosecuting DA Claimants must serve their compensation claim on both the Attorney General and the prosecuting District Attorney. Date: 2025-01-01 Tags: legal,policy,wrongful_conviction Sources: O.C.G.A. 17-22-1 Text - [confirmed] Claimants must prove they did not commit the crime or any lesser included offense Under the Act's exclusions, claimants must prove they did not commit the crime AND did not commit any lesser included offense, in addition to not being accomplices or having intentionally caused their own conviction. Date: 2025-01-01 Tags: legal,policy,wrongful_conviction Sources: O.C.G.A. 17-22-1 Text - [confirmed] Eligibility pathway: conviction reversed AND Alford/nolo plea One eligibility pathway under the Act allows claimants whose conviction was reversed or vacated and who entered an Alford plea or nolo contendere when otherwise entitled to a new trial. Date: 2025-01-01 Tags: legal,policy,wrongful_conviction Sources: O.C.G.A. 17-22-1 Text - [confirmed] Eligibility pathway: pardon based on innocence One eligibility pathway under the Act allows claimants who received a pardon based on innocence. Date: 2025-01-01 Tags: legal,policy,wrongful_conviction Sources: O.C.G.A. 17-22-1 Text FINDINGS (6) ---------------------------------------- - [confirmed] Georgia previously lacked standardized compensation for exonerees Before 2025, Georgia was one of the few states without a standardized compensation system for the wrongfully convicted. Exonerees had to find a state legislator to introduce an individual compensation resolution, get it passed through both chambers, and signed by the governor. Tags: legal,policy,wrongful_conviction Sources: Georgia Innocence Project - Compensation Act announcement - [reported] Act took nearly four years to pass the legislature The Wrongful Conviction and Incarceration Compensation Act took nearly four years to pass the Georgia legislature. Tags: legal,policy,wrongful_conviction Sources: Georgia Recorder coverage (April 2025) - [reported] Sen. Robertson raised concerns about technicality-based exonerations Previous versions of the wrongful conviction compensation legislation faced opposition from Sen. Randy Robertson (R-Cataula), who raised concerns about exonerations based on legal technicalities rather than innocence. Tags: legal,policy,wrongful_conviction Sources: Georgia Recorder coverage (April 2025) - [reported] Financial burden on exonerees to relitigate innocence The compensation process requires claimants to essentially relitigate their innocence, including bringing experts back for evidentiary hearings, which costs money that exonerees typically do not have. Tags: legal,wrongful_conviction Sources: 11Alive investigation (March 2026) - [reported] Compensation Act demonstrates legislative willingness to address wrongful convictions The Compensation Act is significant for future post-conviction reform because it demonstrates legislative willingness to address wrongful convictions, creates a financial incentive for the state to avoid wrongful convictions, and the estimated $46 million liability for existing exonerees underscores the fiscal argument that prevention through conviction integrity is cheaper than compensation after the fact. Date: 2025-01-01 Tags: legal,policy,wrongful_conviction,budget Sources: Georgia Innocence Project - Compensation Act announcement - [confirmed] Georgia Innocence Project was key advocate for the Act The Georgia Innocence Project, along with After Innocence and multiple law firms, were key advocates for the passage of the Wrongful Conviction and Incarceration Compensation Act. Date: 2025-01-01 Tags: legal,policy,wrongful_conviction Sources: Georgia Innocence Project - Compensation Act announcement STATISTICS (6) ---------------------------------------- - [estimated] Only about a dozen people received compensation under prior system The Georgia Innocence Project reported that only about a dozen people received compensation through the prior individual legislative resolution process, and for inconsistent amounts. Value: 12.0 people (approximate) Tags: legal,policy,wrongful_conviction Sources: Georgia Innocence Project - Compensation Act announcement - [reported] 46 claims filed under the Act as of early 2026 As of early 2026, 46 claims had been filed under the Wrongful Conviction and Incarceration Compensation Act, according to an 11Alive News investigation based on open records requests. Value: 46.0 claims filed Tags: legal,wrongful_conviction Sources: 11Alive investigation (March 2026) - [reported] 3 people awarded compensation as of early 2026 As of early 2026, 3 people had been awarded compensation under the Act, including Devonia Inman, who spent 23 years wrongfully imprisoned. Value: 3.0 people awarded compensation Tags: legal,wrongful_conviction Sources: 11Alive investigation (March 2026) - [reported] At least 2 applications denied as of early 2026 As of early 2026, at least 2 applications for compensation under the Act had been denied. Value: 2.0 applications denied (at least) Tags: legal,wrongful_conviction Sources: 11Alive investigation (March 2026) - [estimated] Estimated $46 million potential liability for all Georgia exonerees 11Alive calculated that if all approximately 51 Georgia exonerees received full compensation, the state could owe approximately $46 million for 600+ combined years of wrongful incarceration. Value: 46.0 million dollars (estimated) Date: 2026-01-01 Tags: legal,wrongful_conviction,budget Sources: 11Alive investigation (March 2026) - [estimated] Approximately 51 Georgia exonerees with 600+ combined years 11Alive identified approximately 51 Georgia exonerees who collectively served 600+ combined years of wrongful incarceration. Value: 51.0 exonerees (approximate) (vs. 600 combined years of wrongful incarceration) Date: 2026-01-01 Tags: legal,wrongful_conviction Sources: 11Alive investigation (March 2026) CASE DETAILS (3) ---------------------------------------- - [reported] Devonia Inman spent 23 years wrongfully imprisoned Devonia Inman spent 23 years wrongfully imprisoned and was among the first 3 people awarded compensation under the Act. Tags: legal,wrongful_conviction Sources: 11Alive investigation (March 2026) - [reported] Hamilton (Dougherty County) first successful claimant — decision appealed by prosecutors The first successful claimant under the Act was Hamilton from Dougherty County. The compensation decision was appealed by prosecutors. Tags: legal,wrongful_conviction Sources: 11Alive investigation (March 2026) - [reported] HB 533 combined with SB 244 to secure Senate passage HB 533 (2025), the direct vehicle for the compensation act sponsored by Rep. Dempsey (R) and Rep. Holcomb (D), was combined with SB 244 (which addressed Trump election case issues) to secure Senate passage. Date: 2025-01-01 Tags: legal,policy,wrongful_conviction Sources: Georgia Recorder coverage (April 2025) QUOTES (1) ---------------------------------------- - [reported] Administrative courts lack experience with criminal cases Attorney Andrew Fleischman stated that administrative courts 'have relatively little muscle memory for criminal cases,' describing the compensation process as burdensome since exonerees must essentially relitigate innocence. Date: 2026-01-01 Tags: legal,wrongful_conviction Sources: 11Alive investigation (March 2026) POLICYS (1) ---------------------------------------- - [confirmed] Wrongful Conviction Compensation Trust Fund established The Act establishes a Wrongful Conviction Compensation Trust Fund, administered through the state, to fund compensation payments. Date: 2025-01-01 Tags: legal,policy,wrongful_conviction,budget Sources: O.C.G.A. 17-22-1 Text METHODOLOGY NOTES (1) ---------------------------------------- - [reported] 11Alive investigation used open records requests The 11Alive News investigation into early implementation of the Wrongful Conviction and Incarceration Compensation Act was based on open records requests to obtain claims data. Date: 2026-01-01 Tags: legal,wrongful_conviction Sources: 11Alive investigation (March 2026) DATASETS (1) ---------------------------------------- # Wrongful Conviction Compensation Act Early Implementation (Early 2026) Summary of claims filed and outcomes under the Wrongful Conviction and Incarceration Compensation Act as of early 2026, based on 11Alive open records investigation. Metric Value --------------------------------------- Claims filed 46 People awarded compensation 3 Applications denied (at least) 2 KEY ENTITIES (16) ---------------------------------------- - After Innocence [organization]: Organization that was a key advocate for the passage of the Wrongful Conviction and Incarceration Compensation Act. - Andrew Fleischman [person]: Attorney quoted by 11Alive stating that administrative courts 'have relatively little muscle memory for criminal cases' in the context of wrongful conviction compensation proceedings. - Brian Kemp [person]: Governor of Georgia who proposed $600 million in emergency spending over 18 months for prison reform in January 2025. (aka: Governor Kemp) - Devonia Inman [person]: Wrongfully convicted in 2001 for the 1998 robbery and murder of Donna Brown in Adel, Georgia. Sentenced to life without parole. DNA excluded him; prosecutors had suppressed exculpatory evidence (Brady violation). Exonerated December 2021 after 23 years. - Georgia General Assembly [organization]: Georgia state legislature. Has not advanced legislation to address prison labor compensation or remove the state's slavery exception. A two-thirds vote in both chambers would be required to place a constitutional amendment on the ballot. - Georgia Innocence Project [organization]: Founded in 2002, the first and only innocence organization in Georgia. Has helped free or exonerate 16 individuals who collectively lost 372 years to wrongful imprisonment. Received over 7,900 requests for assistance. (aka: GIP) - HB 176 [legislation]: Georgia legislation signed by Governor Kemp on May 14, 2025, codifying out-of-time appeals and including a grace period (until June 30, 2026) for people whose appeals were dismissed because of Cook v. State to refile. Does not address judicial narrowing of § 9-14-48(d) or § 17-9-4. (aka: House Bill 176) - HB 533 [legislation]: Original House bill sponsored by Rep. Katie Dempsey (R) and Rep. Scott Holcomb (D) whose core provisions were merged into SB 244 on Sine Die of the 2025 session. - Katie Dempsey [person]: Republican state representative who co-sponsored the Wrongful Conviction and Incarceration Compensation Act. (aka: Rep. Katie Dempsey) - Office of State Administrative Hearings [organization]: Georgia state office whose administrative law judges hear claims under the Wrongful Conviction and Incarceration Compensation Act. (aka: OSAH) - Randy Robertson [person]: Georgia State Senator, District 29, Chairman of the SR 570 Study Committee (aka: Senator Robertson) - SB 244 [legislation]: Georgia legislation signed May 14, 2025 providing $75,000 per year compensation to wrongfully convicted individuals who were formally exonerated. Georgia became the 39th state with such a law. (aka: Georgia Wrongful Conviction and Incarceration Compensation Act) - Scott Holcomb [person]: Democratic state representative who co-sponsored the Wrongful Conviction and Incarceration Compensation Act. (aka: Rep. Scott Holcomb) - Supreme Court of Georgia [organization]: Georgia's highest court, which imposes public discipline on attorneys and adopted the 2022 amendment to Rule 3.8. - Wrongful Conviction and Incarceration Compensation Act [legislation]: Georgia law signed May 14, 2025 by Governor Kemp, establishing $75,000 per year of wrongful incarceration plus $25,000 per year on death row. Part of SB 244. (aka: SB 244 (compensation provision)) - Wrongful Conviction Compensation Trust Fund [program]: Trust fund established under the Wrongful Conviction and Incarceration Compensation Act to fund compensation payments to exonerees, administered through the state. SOURCES (8) ---------------------------------------- - 11Alive investigation (March 2026), 11Alive News (2026-03-01) [journalism, secondary] URL: https://www.11alive.com/article/news/investigations/11alive-news-investigates/georgia-promised-to-pay-the-wrongfully-convicted-so-far-getting-that-money-isnt-easy/85-0332ce04-d183-4640-b954-04467c35a71b - Atlanta News First: New law will fairly compensate wrongfully convicted Georgians, Atlanta News First (2025-05-28) [journalism, secondary] URL: https://www.atlantanewsfirst.com/2025/05/28/new-law-will-fairly-compensate-wrongfully-convicted-georgians/ - BillTrack50 HB 533, BillTrack50 (2025-01-01) [data_portal, secondary] URL: https://www.billtrack50.com/billdetail/1838838 - Georgia Innocence Project - Compensation Act announcement, Georgia Innocence Project (2025-01-01) [press_release, primary] URL: https://www.georgiainnocenceproject.org/general/wrongful-conviction-and-incarceration-compensation-act-is-law/ - Georgia Recorder coverage (April 2025), Georgia Recorder (2025-04-02) [journalism, secondary] URL: https://georgiarecorder.com/2025/04/02/georgia-house-oks-bill-to-overhaul-wrongly-convicted-payout-after-splicing-to-trump-inspired-vehicle/ - O.C.G.A. 17-22-1 Text, Georgia Office of State Administrative Hearings (2025-01-01) [legislation, primary] URL: https://osah.ga.gov/wp-content/uploads/2025/10/OCGA-%C2%A7%C2%A7-17-22-1%E2%80%9317-22-12.pdf - OSAH Wrongful Conviction Compensation Claims Portal, Georgia Office of State Administrative Hearings (2025-01-01) [data_portal, primary] URL: https://osah.ga.gov/wrongful-conviction-compensation-2/ - SB 244 Signed, Office of the Governor of Georgia (2025-05-14) [legislation, primary] URL: https://gov.georgia.gov/document/2025-signed-legislation/sb-244/download