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Pritzker signs Illinois law increasing compensation for wrongfully imprisoned people

HB 3663 raises compensation caps through the Court of Claims and broadens eligibility to include children and others unjustly incarcerated.

Submitted by Gov. Pritzker's Office
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CHICAGO – Today, Governor JB Pritzker signed the Certificate of Innocence Act (HB 3663), an important stride in criminal justice reform and accountability to those who are wrongfully convicted and imprisoned. HB 3663 amends the Court of Claims Act, which allows those who have been unjustly incarcerated to bring a claim for time served in prison and receive financial compensation from the State. As part of Governor Pritzker’s FY27 Budget, HB 3663 increases the maximum award amount for claims and expands the eligibility provisions for who can file a claim, bringing justice to more families who have been impacted by the faults in the legal system.

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“The Certificate of Innocence Act represents a lifeline for those who have been wrongfully incarcerated or unjustly treated throughout the criminal justice system,” said Governor JB Pritzker. “Passing HB 3663 extends that lifeline to more individuals and families who have faced these challenges, helping them get back on their feet. This financial support helps Illinoisans find housing, regain financial stability, and return to their lives and loved ones.”

“Justice means recognizing the harm caused by wrongful imprisonment and helping people rebuild their lives,” said Lieutenant Governor Juliana Stratton. “Every Illinoisan deserves a criminal legal system that values accountability, healing, and the tools necessary to move forward.”

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This legislation is designed to prevent Illinoisans, particularly vulnerable populations, from falling through the legal system’s cracks. Crucially, HB 3663 makes children eligible to receive compensation if they’ve been unjustly incarcerated as a juvenile, providing hope and a second chance at the future they thought would be denied to them.

Exonerees and those who advocated for their release gathered with the Illinois Innocence Project to celebrate the passage of this legislation. In a video message to those in attendance, Gov. Pritzker spoke to the powerful impacts HB 3663 will have on the lives of exonerees and their families.

HB 3663 introduces the following measures:

  • Increases maximum award amountsfor claims, adjusted annually for inflation
  • Up to $50,000 per calendar year that the person was wrongfully incarcerated;
  • Up to $25,000 per calendar year that the person was wrongfully on parole or probation or wrongfully required to be registered as a sex offender ?
  • Expands claimant eligibility to include individuals who have been pardoned by the Governor or received a certificate of innocence from the Circuit Court after serving wrongful sentences in county jails, county juvenile detention facilities, or Illinois Youth Centers; being wrongfully placed on probation or parole; or wrongfully being required to be registered as a sex offender ?
  • Establishes limits on how much of issued awards will be used towards payment of attorney’s fees,ensuring that justice is achieved
  • 25% of the amount of the award for claimants who unjustly served up to 3 years in prison;
  • 15% for 3 to 10 years;
  • 10% for 10 years or more

“House Bill 3663 is about ensuring that when the justice system fails, the State takes meaningful responsibility,” said State Rep. Justin Slaughter (D-Chicago). “While no amount of money can restore lost years, fair compensation acknowledges the harm suffered and helps innocent people rebuild their lives with dignity.”

“Today marks a change in how the state of Illinois sees and responds to the injustice of a wrongful incarceration,” said State Senator Elgie R. Sims, Jr. (D-Chicago). “When the system gets it wrong, it’s on us as leaders to step up and make it right. This law goes beyond compensation to provide a path toward justice.”

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