Introduction

        Over a century has passed since Wisconsin became the first U.S. state to financially compensate its wrongfully convicted residents with the enactment of Wisc. Stat. § 775.05. Now, it lags behind the rest of the country in both compensation amount and ease of access [1]. As of March 2025, among the 38 other states that have since implemented similar statutes, Wisconsin’s harsh and outdated monetary caps from 1913 are the second lowest in the country [2]. Even when Wisconsin’s criminal convictions grew exponentially in the wake of the War on Drugs and tough on crime laws from the 1970s to the 90s, these caps remained unchanged [3]. Without meaningful reform, this system undermining exonerees and their experiences will persist, leaving wrongfully convicted residents with a tedious claims process that further delays their return to regular life. Given the emotional, social, and economic tolls that a wrongful conviction induces, Wisconsin’s monetary compensation cap should be raised, and every individual formally exonerated should be compensated without having to file a claim.

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[1] Jeffrey S. Gutman, “An Empirical Reexamination of State Statutory Compensation for the Wrongly Convicted,” Missouri Law Review 82, no. 2 (2017): 369-370

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Background

        Wrongful convictions are occurring at alarming rates throughout the United States and produce compounding harms that extend beyond incarceration. According to The National Registry of Exonerations, more than 3,500 people have been exonerated between January 1989 and March 2026. Collectively, these people have spent more than 35,000 years in prison [4]. This  debilitating loss of freedom and opportunity can never truly be recovered, even after years of reintegration. Above all else, those who have experienced incarceration are also more prone to chronic health issues, infectious diseases, and a decreased life expectancy [5]. A 2013 study on prison populations in New York found that one year in prison decreases life expectancy by two years [6]. As a result, many states have adopted wrongful conviction compensation statutes that provide reparations for these individuals. Yet, even as survivors of state harm who face barriers to reentry, the compensation outcomes for exonerees still vary greatly from state to state [7]. The gap between Wisconsin and the rest of the U.S. is particularly stark, and is reflected in the structure of its compensation statute.

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[2] Jeffrey S. Gutman, (2017). Compensation for Exonerees: A Primer. National Registry of Exonerations. https://exonerationregistry.org/sites/exonerationregistry.org/files/documents/Compensation%20Primer.pdf

[3] Sreejita Patra, Why is Wisconsin’s prison system such a ‘mess,’ and what can be done to fix it?, Wisconsin Watch (2025)

https://wisconsinwatch.org/2025/06/why-is-wisconsins-prison-system-such-a-mess-what-can-be-done-to-fix-it/

[4] National Registry of Exonerations, Exonerations in the United States, https://exonerationregistry.org/exonerations (last visited Mar.15, 2026).

[5] Nowotny K.M., Rogers, R.G., Boardman, J.D. (2017). Racial disparities in health conditions among prisoners compared with the general population. SSM - Population Health, 3(_), 487. https://doi.org/10.1016/j.ssmph.2017.05.011

[6] Patterson, E.J. (2013). The Dose-Response of Time Served in Prison on Mortality: New York State, 1989-2003. American Journal of Public Health, 103(3), 526

[7] Mackenzie Philbrick, “Budgeting for Exoneree Compensation: Indemnifying Exonerees Not Officials to Deter Future Wrongful Convictions,” Fordham Law Review 50, no. 4 (2023): 827

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Barriers to Compensation

        Under Wisc. Stat. § 775.05, exonerees not only face tremendous barriers to receiving compensation, but also often receive a sum that is disproportionate to the suffering they’ve endured as individuals wrongfully convicted by the state [8]. The exoneree must file a petition to the Wisconsin Claims Board, who then examines the evidence of their case to determine if the person’s innocence was “clear and convincing” and whether their own actions caused the conviction. If ruled favorably, the Claims Board can award eligible exonerees “no more than $25,000 in total at a rate of no more than $5,000 per year incarcerated” [9]. For reference, the national average for states with compensation statutes is around $50,000-$70,000 per year of imprisonment, with caps as high as $200,000 per year in the District of Columbia [10][11]. Under the Wisconsin statute, if the Claims Board deems $25,000 to be insufficient in a particular case, they may recommend a new amount to the state legislature, but success is far from guaranteed.  Of the estimated 72 wrongful convictions since 1990, seven have been recommended by the Claims Board for increased compensation, but only three of them have been approved by the legislature [12].

        Derrick Sanders’ exoneration case helped expose shortcomings in the state’s compensation system, particularly when exonerees petition for increased compensation. In 2018, Sanders was dismissed of all charges after spending 26 years in prison for a murder he did not commit. Through the Claims Board process, Sanders was approved by “clear and convincing evidence” but only for the capped amount of $25,000 [13]. Considering both the decades of lost wages and his status as a Navy Veteran, Sanders petitioned for $5.7 million, but the Claims Board refused to provide a recommendation for increased compensation. After Sanders appealed for further compensation through the state court system, his case was elevated to the Wisconsin State Supreme Court. There, the Court ruled that he did not qualify for greater compensation because the Claims Board never approved the increase [14]. Despite the potential of compensation statutes to support exonerees, flaws within Wisconsin’s statute place significant constraints.

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[8] Wisc. Stat.§ 775.05

[9] Jeffrey S. Gutman, (2022), Compensation Under the Microscope: Wisconsin. GW Law Faculty Publications & Other Works.

 https://exonerationregistry.org/sites/exonerationregistry.org/files/documents/UTM%20Wisconsin.pdf

[10] Mark A. Cohen, (2021). Pain, Suffering, and Jury Awards: A Study of the Cost of Wrongful Convictions. Vanderbilt University Law School. http://dx.doi.org/10.2139/ssrn.3750300

[11] Exoneree Compensation in D.C., The Innocence Project (2026), https://innocenceproject.org/policies/exoneree-compensation-in-d-c/

[12] Andrew Kennard, (2026). Bills aim to increase state support for wrongly convicted Wisconsinites, Wisconsin Examiner.

 https://wisconsinexaminer.com/2026/01/05/bill-aims-to-increase-state-support-for-wrongly-convicted-wisconsinites/

[13] Jeff M. Brown, Supreme Court Decision Spotlights Issue of Compensation for Exonerated, WiscBar InsideTrack (2023), State Bar of Wisconsin

[14] Ken Otterberg, (2023). Exoneration of Derrick Sanders. National Registry of Exonerations.

 https://exonerationregistry.org/cases/12690

 

Concerns and Recommendations

        Meaningful reform requires not only an expansion of existing compensation caps, but also structural changes to the methods and timing of compensation. First and foremost, Wisconsin’s compensation cap of $5,000 annually (up to $25,000 total) should be raised to match the national average of $50,000 per year incarcerated, as outlined by federal compensation laws under 28 U.S.C. Section 2513 [15]. In addition, certain exonerees should be entitled to compensation payments without the need to undergo further claims processes. Given that “the evidence of innocence need not be an explicit basis for the official action that exonerated the person,” this pathway would apply solely to individuals whose exonerations were grounded in factual innocence, such as DNA exonerations [16]. At the same time, the Claims Board fact-finding mechanism should still be reserved for any cases requiring further verification of innocence. This two-tiered system would preserve the State’s interest in compensating only the innocent, without placing an additional barrier for those whose innocence has been firmly established.

        Those who oppose raising the monetary caps under Wisc. Stat. § 775.05 may raise fiscal concerns, especially as the number of exonerees applying for compensation increases. While this is an important consideration, the lost wages and financial opportunities of exonerees necessitates compensation that exceeds the yearly cap, based on the $77,500/year median household income of Wisconsin residents [17]. Furthermore, states like Ohio, which have more robust compensation statutes and compensate more frequently, illustrate that raising these levels will not create a substantial financial burden in state correctional budgets. In 2016, Ohio spent 0.0457% of its $1.67 billion correctional budget on compensating wrongfully convicted residents, consistent with trends of various other states who compensate their exonerees at higher levels than Wisconsin [18]. Based on Wisconsin’s average of ~2 exonerations per year since 1990 and the national average of 10 years behind bars for exonerees, compensating exonerees at $50,000 per year would amount to less than 0.1% of its $1.38 billion annual state correctional budget of the 2023-2025 biennium [19] [20]. Even with generous estimates of ~3 exonerations a year, the proportion would still fall under 0.2%, indicating that this reform may not just be possible, but entirely feasible.

Although they would provide numerous benefits to exonerees, proposed reforms to compensation caps have failed to advance through the State Legislature. The Wisconsin Assembly and Senate have considered legislation that lifts monetary compensation caps since 2016, but they have yet to pass it in both houses [21]. In the 2025-2026 session, Assembly Bill 583 and Senate Bill 577 aimed to increase compensation from $5,000 to $50,000 with an overall cap of $1 million. As of March 2026, momentum has slowed once more, as the bills were not considered for a floor vote in either chamber. However, despite these obstacles, the authors of the bill have expressed optimism for similar bills to be passed in a future legislative session [22].

        Since 1913, the shortcomings of Wisc. Stat. § 775.05 has had profound consequences on wrongfully convicted residents, especially those who faced long-term incarceration. Derrick Sanders’case serves as an important reminder of how these shortcomings will continue to hinder the well-being and potential of exonerees after their release. Not only does the current system severely limit the amount of compensation available, but it makes accessing it exceedingly difficult. To address this, the State should reevaluate and enact the proposed exoneree compensation legislation that raises caps to meet the national average. Although not yet proposed in the legislature, providing automatic compensation for factually innocent exonerees would streamline the demanding process. To support one of its most vulnerable demographics, some of whom should have never come in contact with the criminal justice system, the State should begin to value their lives at more than $5,000 a year. 

 

[15] Income and Poverty in Wisconsin, United States Census Bureau (2024), https://data.census.gov/profile/Wisconsin?g=040XX00US55#income-and-poverty

[16] Jeffrey S. Gutman, (2019). An Empirical Reexamination of State Statutory Compensation for the Wrongly Convicted. The George Washington University Law School.

[17] Mackenzie Philbrick, “Budgeting for Exoneree Compensation: Indemnifying Exonerees Not Officials to Deter Future Wrongful Convictions,” Fordham Law Review 50, no. 4 (2023)

[18] Mackenzie Philbrick, “Budgeting for Exoneree Compensation: Indemnifying Exonerees Not Officials to Deter Future Wrongful Convictions,” Fordham Law Review 50, no. 4 (2023)

[19] Mark A. Cohen, (2021). Pain, Suffering, and Jury Awards: A Study of the Cost of Wrongful Convictions. Vanderbilt University Law School. http://dx.doi.org/10.2139/ssrn.3750300

[20] John Zordani, (2023). Prison Blues: Corrections still a huge cost driver and policy challenge for Wisconsin. Wisconsin Policy Forum.

 https://wispolicyforum.org/research/prison-blues-corrections-still-a-huge-cost-driver-and-policy-challenge-for-wisconsin/

[21] Gimbel, Reilly, Guerin, Brown LLP, Exonerated Compensation Reform Bills Are Once Again Pending Before The Legislature, 2026.

[22] Andrew Kennard, (2026). Relief delayed again for wrongly convicted Wisconsinites. News From The States.