Advocates for increasing the compensation for people wrongfully convicted celebrated a major victory on July 14, the day Gov. JB Pritzker signed HB 3663. The new law removes the cap on compensation by the state and allows the Court of Claims to award exonorees up to $50,000 for each year wrongfully imprisoned. The bill passed the Illinois General Assembly unanimously in the final hours of the spring session after years of advocacy.
Exonorees and their families joined the bill’s sponsors, state Sen. Elgie Sims and Rep. Justin Slaughter, along with leaders of the Illinois Innocence Project at a celebratory event at the Bourdeau Griffin Design Center on the south side of Chicago July 14. The audience of nearly 100 stood, cheered and applauded when Stephanie Kamel, director of the Illinois Innocence Project, announced that Pritzker had signed the bill earlier that day.
During formal remarks, Kamel said this marks a monumental shift in how the state compensates exonorees and serves as an official acknowledgment for the grave injustice of being wrongfully imprisoned. It “acknowledges the state’s moral obligation to atone for these profound miscarriages of justice,” said Kamel.
She thanked all of the exonorees who helped enlighten state legislators, the sponsors of the bill and the many advocates who made this possible – volunteer lobbyists, retired judges, attorneys, national organizations and current and former IIP leaders.
Kamel introduced four exonorees who lived the journey of wrongful convictions and helped get the bill across the finish line. Collectively, these four individuals spent 132 years in prison. Some are now eligible to apply to the Court of Claims for the increased level of compensation. Others are not eligible because the provisions are not retroactive, but they advocated on behalf of others. Many other exonorees were in the audience, celebrating this accomplishment.
Brian Beals was exonerated in Dec. 2023 after serving 35 years. He was 22 and in college studying law enforcement when he was wrongfully convicted. While in prison, his mother and brother both died. Beals acknowledged his sister, who stayed with him through his journey.
“It is good to see the legislature work the way it is supposed to,” said Beals. “No amount of money can replace what we lost as a community of exonorees. But, it goes a long way to help.”
He spoke about the many challenges of learning how to acclimate and navigate society after so many years and the realities of being released with no home.
The increase in compensation won’t impact James Kluppelberg, who spent 25 years wrongfully imprisoned and received a certificate of innocence in 2013. But, he says it is “what’s right” and is groundbreaking for people like him.
People are released with no home, no clothes, no property…just a little plastic bag of their belongings. He said the exonorees are only asking for what they could have earned for themselves and to level the playing field somewhat.
Kluppelberg acknowledged the difficulty of finding work. After he was released, he sent out 400 job applications over a year. Sometimes he received a response that employers don’t hire convicted murderers, even though he was exonorated. Kluppelberg said the increased compensation will also help exonorees avoid going to predatory lending places, which was the only option for many.
Jimmy Soto has the distinction of being the longest wrongfully convicted person in Illinois history, serving 42 years. “No amount of money can give our lives back,” said Soto. But, the money will “make life a little easier.” He acknowledged it was a team effort to get the legislation enacted, and it was “long overdue.”
While incarcerated, he earned his bachelor’s degree from Northwestern University’s Prison Education Program, and he is now pursuing law school.
“Being exonorated doesn’t mean things are great,” said Soto. Housing is a challenge and things can still come up on individuals’ records even though they’ve been cleared of a crime. The compensation “will help with financial struggles, but it doesn’t alleviate the pain and suffering,” said Soto.
Johnnie Savory was 14 when he was convicted and 44 when he was released. He faced death row two times. His remarks were filled with thank yous. He thanked God and the many people who shook his hand and kept their word. He lost his father, grandmother and two sisters during his time in prison. His 10-year-old daughter was with him at the event. Savory said he hopes she will become a champion for justice.
“We all have a moral obligation to protect the innocent,” said Savory. “God asks us to use our words. We used our voices and were heard by Sen. Sims and Rep. Slaughter.”
Savory said he went into prison because of hate, but he came out of prison because of love. “We are going to take this good and spread it around the nation…use our voice and say, ‘I love you.’”
Slaughter was the lead House sponsor. “It’s been an honor of the lifetime to be on the forefront of criminal justice reform,” he said. He thanked the Illinois Innocence Project for its tireless efforts, noting that the first bill was introduced in 2019.
“To our heroes, the exonorees, there are not enough words in the English language to describe your resilience and ability to persevere,” said Slaughter. “I’m in awe of how you’ve utilized your life experiences to be a catalyst for change.”
Slaughter explained that the increase in compensation brings Illinois up to the federally recommended minimum standard for exonoree compensation set in the Justice for All Act of 2004. Previously Illinois had a cap on the amount of money exonorees could receive. As a result, the longer people were in prison, the less they received per year, resulting in an average compensation from the state of $11,000 per year of wrongful incarceration. This is far below compensation awarded by many other states.
Slaugher said it was important for other legislators to hear the exonorees’ stories about the adverse impacts of incarceration and being removed from family. With no retirement and no Social Security, the state compensation assists exonorees in rebuilding their lives.
Slaughter noted that Illinois has been called “the wrongful conviction capital of the nation” with the most exonorees and leading in false confessions. “This bill is motivation and a stepping stone for criminal justice reform,” he said.
Slaughter applauded the governor, whom he described as a partner in criminal justice reform. The exonoree bill started with Rep. Mary Flowers and ended with Sims. Slaughter introduced Sims and said, “Never underestimate the heart of a champion.”
Sims thanked the Illinois Innocence Project. “We don’t stand here today without your advocacy,” he said. “Some people say this is getting a second chance. That’s not the case. It is righting a wrong.”
To the exonorees, he said, “Injustice could have broken you, but it didn’t. When the system fails individuals, it’s our responsibility to right those wrongs. No amount of money can repay you for the years that you missed.’’
Sims also said that any law is only as good as it is implemented. As the Senate’s chief budget negotiator, he ensured that the state budget included $10 million dedicated to the purpose of exonoree compensation.
Following the formal remarks, a video from the goverenor was shown. Pritzker described the legislation as a major stride in criminal legal reform and accountability to those wrongfully convicted and imprisoned and said compensation will help individuals find housing, regain financial stability and return to their lives and loved ones.
Karen Ackerman Witter is a freelance writer and attended the July 14 event representing Illinois Times. Her husband, Randy Witter, is a retired lobbyist who volunteered with the Illinois Innocence Project for many years to pass the exonoree compensation bill.
