The Ronnie Long No Cap Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 704

Short Title: The Ronnie Long No Cap Act. (Public)
Sponsors: Senators Burgin, Britt, and Meyer (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S704-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO SUPPORT PE RSONS ERRONEOUSLY CONVICTED OF FELONIES, TO BE 2
KNOWN AS THE RONNIE LONG NO CAP ACT. 3
Whereas, the State of North Carolina is committed to the principles of liberty and 4
justice, and justice necessitates compensating those who wrongfully lose their liberty; and 5
Whereas, a price cannot be put on the loss of liberty to a wrongful conviction, 6
including the loss of life's milestones – weddings, births, graduations, deaths, and others – that 7
are irreplaceable; and 8
Whereas, in addition to life's milestones, wrongfully incarcerated people often lose 9
their formative years to incarceration, when they otherwise would be learning skills necessary to 10
adulthood, acquiring assets, and building savings; and 11
Whereas, North Carolina has recently seen the exoneration of men who have lost their 12
liberty for decades to wrongful incarceration, including, among others, Ronnie Long (44 years 13
of incarceration), Charles Ray Finch (43 years), Montoyae Dontae Sharpe (25 years), and 14
Howard Dudley (24 years); and 15
Whereas, the $750,000 cap on compensation resulted in wrongfully incarcerated 16
people receiving compensation for only 15 years of the time they served for crimes they did not 17
commit; and 18
Whereas, North Carolina's commitment to justice requires compensating wrongfully 19
incarcerated people for all the years lost to wrongful incarceration; and 20
Whereas, removing the $750,000 cap on compensation would meet these demands of 21
justice and help wrongfully incarcerated people as they transition back to so ciety and try to 22
rebuild their lives following their unjust incarceration; Now, therefore, 23
The General Assembly of North Carolina enacts: 24
25
REMOVE CAP ON COMPENSATION AWARD TO EXONEREES 26
SECTION 1.(a) G.S. 148-84(a) reads as rewritten: 27
"(a) At the hearing the claimant may introduce evidence in the form of affidavits or 28
testimony to support the claim, and the Attorney General may introduce counter affidavits or 29
testimony in refutation. If the Industrial Commission finds from the evidence that the claimant 30
received a pardon of innocence for the reason that the crime was not committed at all, received 31
a pardon of innocence for the reason that the crime was not committed by the claimant, or that 32
the claimant was determined to be innocent of all charges by a thre e-judge panel under 33
G.S. 15A-1469 and also finds that the claimant was imprisoned and has been vindicated in 34
connection with the alleged offense for which he or she was imprisoned, the Industrial 35
Commission shall award to the claimant an amount equal to fifty thousand dollars ($50,000) for 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 704-First Edition
each year or the pro rata amount for the portion of each year of the imprisonment actually served, 1
including any time spent awaiting trial. However, (i) in no event shall the compensation, 2
including the compensation provided in subsection (c) of this section, exceed a total amount of 3
seven hundred fifty thousand dollars ($750,000), and (ii) a claimant is not entitled to 4
compensation for any portion of a prison sentence during which the claimant was also serving a 5
concurrent sentence for conviction of a crime other than the one for which the pardon of 6
innocence was granted. 7
The Director of the Budget shall pay the amount of the award to the claimant out of the 8
Contingency and Emergency Fund, or out of any other available Sta te funds. The Industrial 9
Commission shall give written notice of its decision to all parties concerned. The determination 10
of the Industrial Commission shall be subject to judicial review upon appeal of the claimant or 11
the State according to the provisions and procedures set forth in Article 31 of Chapter 143 of the 12
General Statutes." 13
SECTION 1.(b) This section is effective when it becomes law and applies to awards 14
made to claimants before, on, or after that date, provided that the retroactive applicability to 15
awards made prior to the date this section becomes law shall only apply to claimants still living 16
at the time this section becomes law. 17
18
EXONEREES TO RECEIVE MEDICAID COVERAGE 19
SECTION 2.(a) The Department of Health and Human Services, Division of Health 20
Benefits (DHB), is directed to submit an 1115 Demonstration Waiver, State Plan amendment, or 21
other type of waiver to the Centers for Medicare and Medicaid Services (CMS) to provide 22
Medicaid coverage without regard to income, resources, or assets for any person meeting the 23
criteria of a petitioner under subsections (a) or (b) of G.S. 148-82. This change to Medicaid 24
eligibility shall begin as soon as practicable only after approval is received from CMS. If approval 25
is not received from CMS by June 30, 2027 , then the report due under subsection (b) of this 26
section upon a denial shall be due as though a denial of this Medicaid eligibility change had been 27
received and this subsection shall expire on that date. 28
SECTION 2.(b) Upon receipt of approval of the 1115 Demonstration Waiver, State 29
Plan amendment, or other type of waiver required to be submitted under subsection (a) of this 30
section, DHB shall submit to the Joint Legislative Oversight Committee on Medicaid a report 31
that confirms the approval of the Medica id eligibility changes, the date the coverage for any 32
person meeting the criteria of a petitioner under subsections (a) or (b) of G.S. 148-82 will begin, 33
and any cost to the State of implementing this Medicaid eligibility without regard to income, 34
resources, or assets for any person meeting the criteria of a petitioner under subsections (a) or 35
(b) of G.S. 148-82. Upon receipt of a denial of the 1115 Demonstration Waiver, State Plan 36
amendment, or other type of waiver required to be submitted under subsection (a) of this section, 37
DHB shall submit a report to the Joint Legislative Oversight Committee on Medicaid that 38
indicates the decision by CMS and the cost to the State if Medicaid eligibility were extended 39
without regard to income, resources, or assets for any person meeting the criteria of a petitioner 40
under subsections (a) or (b) of G.S. 148-82 and there were no federal medical assistance 41
percentage (FMAP) for that eligibility category. 42
43
REQUIRE THE DEPARTMENT OF ADULT CORRECTION TO PROVIDE 44
APPROPRIATE TRANSITION SERVICES FOR EXONEREES 45
SECTION 3.(a) Article 8 of Chapter 148 of the General Statutes is amended by 46
adding a new section to read: 47
"§ 148-84.1. Transition services. 48
(a) Upon release from the custody of the Department of Adult Correction, the Department 49
shall provide transition services to any person meeting the criteria of a petitioner under 50
General Assembly Of North Carolina Session 2025
Senate Bill 704-First Edition Page 3
subsections (a) or (b) of G.S. 148-82. These services shall be specifically tailored to the needs of 1
the released person, with a priority placed on housing, employment, and sustenance. 2
(b) The Department of Adult Correction may contract with other public or private entities 3
for the provision of services required by subsection (a) of this section, though the ultimate 4
responsibility to provide those services shall remain with the Department. 5
(c) The cost of transition services provided pursuant to this section shall total no more 6
than twenty-five thousand dollars ($25,000) per released person." 7
SECTION 3.(b) This section is effective when it becomes law and applies to persons 8
released on or after that date. 9
10
EFFECTIVE DATE AND SEVERABILITY CLAUSE 11
SECTION 4.(a) Except as otherwise provided, this act is effective when it becomes 12
law. 13
SECTION 4.(b) If any section or provision of this act is declared unconstitutional 14
or invalid by the courts, it does not affect the validity of this act as a whole or any part other than 15
the part declared to be unconstitutional or invalid. 16