Post-Conviction Reform
Georgia Wrongful Conviction and Incarceration Compensation Act (2025)
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.
All Data Points
29 verified data points extracted from primary sources.
Governor Kemp signs Wrongful Conviction Compensation Act Legal fact
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.
Compensation rate: $75,000 per year of wrongful incarceration Legal fact
The Act provides $75,000 per year of wrongful incarceration, prorated if necessary.
Additional $25,000 per year for death row incarceration Legal fact
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.
Cost of living adjustments begin January 1, 2026 Legal fact
Beginning January 1, 2026, compensation amounts may be adjusted annually for cost of living.
Georgia previously lacked standardized compensation for exonerees Finding
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,…
Only about a dozen people received compensation under prior system Statistic
The Georgia Innocence Project reported that only about a dozen people received compensation through the prior individual legislative resolution process, and for inconsistent amounts.
12 people (approximate)
46 claims filed under the Act as of early 2026 Statistic
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.
46 claims filed
3 people awarded compensation as of early 2026 Statistic
As of early 2026, 3 people had been awarded compensation under the Act, including Devonia Inman, who spent 23 years wrongfully imprisoned.
3 people awarded compensation
At least 2 applications denied as of early 2026 Statistic
As of early 2026, at least 2 applications for compensation under the Act had been denied.
2 applications denied (at least)
Devonia Inman spent 23 years wrongfully imprisoned Case detail
Devonia Inman spent 23 years wrongfully imprisoned and was among the first 3 people awarded compensation under the Act.
Hamilton (Dougherty County) first successful claimant — decision appealed by prosecutors Case detail
The first successful claimant under the Act was Hamilton from Dougherty County. The compensation decision was appealed by prosecutors.
Administrative courts lack experience with criminal cases Quote
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.
Estimated $46 million potential liability for all Georgia exonerees Statistic
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.
$46M
Approximately 51 Georgia exonerees with 600+ combined years Statistic
11Alive identified approximately 51 Georgia exonerees who collectively served 600+ combined years of wrongful incarceration.
51 exonerees (approximate) vs. combined years of wrongful incarceration
Claims filed with OSAH within 3-year deadline Legal fact
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.
No appointed counsel for compensation claimants Legal fact
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.
ALJ recommendation goes to Chief Justice of Supreme Court of Georgia Legal fact
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.
Claimant must serve claim on Attorney General and prosecuting DA Legal fact
Claimants must serve their compensation claim on both the Attorney General and the prosecuting District Attorney.
Wrongful Conviction Compensation Trust Fund established Policy
The Act establishes a Wrongful Conviction Compensation Trust Fund, administered through the state, to fund compensation payments.
Act took nearly four years to pass the legislature Finding
The Wrongful Conviction and Incarceration Compensation Act took nearly four years to pass the Georgia legislature.
HB 533 combined with SB 244 to secure Senate passage Case detail
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.
Sen. Robertson raised concerns about technicality-based exonerations Finding
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.
Claimants must prove they did not commit the crime or any lesser included offense Legal fact
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.
Eligibility pathway: conviction reversed AND Alford/nolo plea Legal fact
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.
Eligibility pathway: pardon based on innocence Legal fact
One eligibility pathway under the Act allows claimants who received a pardon based on innocence.
Financial burden on exonerees to relitigate innocence Finding
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.
Compensation Act demonstrates legislative willingness to address wrongful convictions Finding
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 m…
11Alive investigation used open records requests Methodology note
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.
Georgia Innocence Project was key advocate for the Act Finding
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.
Sources
8 cited sources backing this research.
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Legislation
Key Entities
Organizations, people, facilities, and other named entities referenced in this research.
After Innocence
[organization]
Andrew Fleischman
[person]
Brian Kemp
[person]
Devonia Inman
[person]
Georgia General Assembly
[organization]
Georgia Innocence Project
[organization]
HB 176
[legislation]
HB 533
[legislation]
Katie Dempsey
[person]
Office of State Administrative Hearings
[organization]
Randy Robertson
[person]
SB 244
[legislation]
Scott Holcomb
[person]
Supreme Court of Georgia
[organization]
Wrongful Conviction and Incarceration Compensation Act
[legislation]
Wrongful Conviction Compensation Trust Fund
[program]