Bill > A04238

This bill establishes a comprehensive compensation adjustment mechanism for individuals who were unjustly convicted and subsequently pardoned or have their convictions overturned. Under the new law, formerly incarcerated individuals who are pardoned or have their convictions reversed on specific legal grounds can receive a retroactive compensation adjustment. The adjustment will be calculated as the highest of three options: the current state minimum wage, the standard wage for their industry or trade, or their wage equivalent at the time of conviction. The correction department must notify eligible individuals of their right to compensation within 90 days of their pardon or conviction reversal and must remit the adjusted compensation within 90 days of providing notice. Additionally, the bill amends the tax law to exempt these compensation payments from state income taxes for taxable years beginning after the law's effective date. The compensation will not affect any other potential legal awards or compensation the individual might be entitled to receive. The bill aims to provide financial restitution to individuals who have been wrongfully incarcerated, recognizing the significant personal and professional losses they may have experienced.

Justice

https://www.nysenate.gov/legislation/bills/2025/A4238