All that stands between a McDowell County man who was wrongfully imprisoned for a decade and a half and a $1.56 million payment for the time he spent behind bars is the governor’s signature.
On Friday, the House of Delegates unanimously passed the annual claims bill. In most years, the bill just includes payments for claims against the state such as potholes bending rims or contractors getting bilked.
But compensation for the wrongfully convicted also goes in there — and this year it included the payment for Jason Lively, who spent about 15 years in prison for a murder he didn’t commit.
Lively was convicted in 2006 in connection with the death of a prominent doctor and political figure in McDowell County. He was released in 2020 after new forensic analysis determined the fire that killed the victim was electrical and not arson.
After a two-day hearing in early October, the Legislative Claims Commission finally rendered its decision in December 2023. While a far-cry from the $18 million Lively’s attorneys argued for, the $1.56 million payment is still well above the $51,000-$117,000 that lawyers for the state had proposed.
The three-member commission determined nearly $500,000 of his claim should go towards medical treatment, namely for PTSD Lively developed after spending 11 out of 15 years in solitary confinement.
Nearly $1 million would pay for his “loss of liberty and freedom,” per the commission’s recommendation.
With the passage of SB 628, the bill now goes to Gov. Jim Justice’s desk. At that point, Lively would be able to get his payment after the next state budget goes into effect on July 1.
