A Detroit man, Desmond Ricks, spent twenty-five years of his life in jail over a wrongful conviction. He was imprisoned for a murder he did not even commit. In addition, after his exoneration, the state of Michigan has now asked him to return the compensation he received under Michigan’s Wrongful Imprisonment Compensation Act.

According to the act, a person receives $50,000 as compensation for each year that they spend in jail. The money is given to those who have been proven to be wrongfully incarcerated. Ricks got his compensation among 77 other exonerees.

However, his attorney said that he suffered the worst harm and spent 25 years in prison for a crime he didn’t commit. The state compensation comes with a clawback loophole. The state can ask for the compensation back if the wrongfully convicted person gets compensation in a third-party situation.

In this case, Ricks got $7.5 million in a separate civil case in the City of Detroit. In 1992, the police officer on the case switched bullets to frame him. After the case was reopened in 2016, Ricks was proven to be innocent. So far, Michigan has awarded more than $52 million in damages over wrongful convictions.

But it does have a law through the Wrongful Imprisonment Compensation Act to claim back the money if the situation arises. Ricks received the compensation for the same conviction, so he is liable to pay back. Exonerees cannot keep different settlements on the same case with this clawback act to protect the state funds.

According to State Sen. Joe Bellino, the clawback protects the state’s Wrongful Imprisonment Compensation Act fund, explaining that the funds are limited and at one time were running low. He said, “The state isn’t a huge bucket to double-dip when there is a mistake made.”

However, the major issue is wrongful convictions that steal years from the life of an innocent person. Ricks could not watch his kids grow up, and no amount of money can compensate for that. Many convicted people find it hard to get a job or even find a place to live. The compensation is intended to help them get back on their feet.