The Supreme Court ruled 7-1 in the case of Nelson v. Colorado that individuals who have had wrongful convictions overturned are entitled to a refund of fees, court costs and restitution from the state.

As reported on Governing:

“They are entitled to be presumed innocent” once their convictions are thrown out, said Justice Ruth Bader Ginsburg, and the state “has zero claim” to their money.

The 7-1 decision orders the state of Colorado to refund several thousand dollars to two defendants, a woman and a man, who were convicted of sex crimes but had their convictions reversed. Shannon Nelson, who was charged with abusing her children, was acquitted in a retrial, and the prostitution-related charges against Louis Madden were dropped.

In both instances, the state insisted on keeping the restitution they had paid.

…

Colorado had adopted an Exoneration Act that allowed “an innocent person who was wrongly convicted” to file a civil suit to seek refunds, but only if they could prove they were innocent of the crime. Most states allowed exonerated people to file a motion with a trial judge seeking a refund.

Ginsburg said Colorado’s scheme violates the 14th Amendment’s protection for due process of law because it presumes the exonerated defendants are still guilty.

For more information:

Wrongfully Convicted Entitled to Refunds, Rules Supreme Court (Governing)

Supreme Court Voids Colorado’s ‘Presumption of Guilt’ (Washington Post)

Opinion Analysis: States Can’t Keep Money They Collect Pursuant to Subsequently Overturned Convictions (SCOTUS Blog)