OSAH Issues First Known Final Decision Under Georgia’s New Compensation Law
The Office of State Administrative Hearings (OSAH) has issued what appears to be the first publicly documented final decision under Georgia’s SB 244 Wrongful Conviction and Incarceration Compensation Act.
In a November 3, 2025 final order, OSAH denied a compensation claim filed by Jereno Kinslow, whose felony conviction had previously been reversed by the Georgia Supreme Court and whose charges were dismissed.
The decision is significant because it clarifies, for the first time, how SB 244 will be applied in practice.
SB 244 does not provide automatic compensation to individuals whose convictions are overturned. Instead, the law requires claimants to prove actual innocence — that they did not commit the crime for which they were convicted and did not commit any lesser included offense.
In the Kinslow case, the Georgia Supreme Court reversed the underlying conviction after finding the State failed to prove the offense as charged. However, the Court did not find that the claimant did not commit the underlying conduct.
At the SB 244 compensation hearing, OSAH required the claimant to prove that his conduct did not violate the statutory elements of Computer Trespass in any form, not merely the theory used at trial. The administrative law judge concluded that the claimant failed to meet that burden.
The ruling also underscores the importance of credibility in SB 244 proceedings. The claimant was the sole witness at the compensation hearing, and the judge found his testimony denying involvement in the alleged conduct unpersuasive.
As a result, the claim was denied in full.
The decision signals that SB 244 claims will be evidence-driven, credibility-based, and closely scrutinized. Legal reversals based on insufficient proof or charging defects may not be enough to secure compensation without affirmative proof of factual innocence.
This ruling provides the first concrete insight into how Georgia’s new wrongful conviction compensation system will operate and serves as an early warning to families and attorneys considering SB 244 claims to carefully evaluate eligibility before filing.
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