On May 2, 2025, Oregon Governor Tina Kotek signed Senate Bill 258 into law, establishing a formal process for people who were wrongfully convicted and later exonerated to seek compensation from the state. Oregon joins 38 other states and the District of Columbia that already have similar legislation on the books.

Before SB 258, Oregon had no structured mechanism for compensating the wrongfully convicted. The few options available, such as filing civil lawsuits against the state, county, or city, were narrow, costly, and rarely successful.

What the Law Provides

SB 258 creates a petition process through Oregon’s circuit courts. Exonerees who can demonstrate they were wrongfully convicted and later cleared can file a claim, with the state’s Department of Justice handling the review.

The compensation structure breaks down as follows:

$65,000 per year of incarceration. This applies to time spent in prison as a direct result of the wrongful conviction.

$25,000 per year of post-conviction supervision. This covers time spent on parole, post-prison supervision, or subject to sex offender registration requirements following the wrongful conviction.

One year of transitional services. Exonerees also gain access to housing, employment assistance, mental health support, and educational resources to help them rebuild after release.

The Path to Passage

Senate Judiciary Chair Floyd Prozanski, a Democrat representing Lane County, introduced the bill after working on the issue for 15 years. The legislation passed the Oregon Senate unanimously and cleared the House with a vote of 53 to 5.

“If a person can prove their innocence, and the conviction is reversed, the state should compensate them,” Prozanski said. “With Senate Bill 258, exonerees now have a straightforward process to petition a court without having to go through years of complex litigation.”

The Innocence Project, a national organization that works to free the wrongfully convicted and reform the criminal justice system, supported the bill’s passage by providing policy expertise and advocating alongside Oregon exonerees.

The Human Cost

The numbers behind wrongful conviction are striking. According to the Innocence Project, more than 3,600 people across the United States have been exonerated since 1989. Collectively, they lost over 32,000 years to wrongful imprisonment.

In Oregon specifically, nine people have been exonerated, spending a combined 75 years behind bars for crimes they did not commit. Several of those exonerees attended the bill signing ceremony.

Rael Esqueda, who spent 20 years in prison before being exonerated, said, “I am happy today, because the truth is finally recognized.”

Jamison Brem, wrongfully imprisoned from 2011 to 2016, described the aftermath of his release: “I lost years of my life to a wrongful conviction. And when I was finally released, I was expected to rebuild from nothing — no money, no job, no housing, no resources.”

Barry Lee Johnson, who lost 29 years to a wrongful conviction, reflected on the significance of the law: “Nearly 30 years is a long time to sit and wait for a freedom that was taken by those that represent the state. And this law would be at least the beginning for the state to begin to make some of us whole.”

Broader Context

Wrongful conviction compensation laws vary widely across the United States. Some states compensate through individual legislative bills passed for specific cases. Others grant governors the authority to approve compensation on a case-by-case basis. SB 258 follows a more structured model, routing claims through the court system with standardized compensation amounts.

With Oregon’s addition, 39 states and the District of Columbia now have some form of wrongful conviction compensation law. The remaining states have no formal process, leaving exonerees with limited or no legal recourse for time lost.

Why It Matters

Wrongful convictions raise fundamental questions about accountability within the justice system. When the state convicts and imprisons an innocent person, the consequences extend far beyond the years spent behind bars. Exonerees often face lasting challenges in employment, housing, mental health, and personal relationships.

Compensation laws like SB 258 do not undo the harm. They do, however, acknowledge that harm occurred and provide a defined path toward a partial remedy. Perhaps other states will follow.