Senate OKs Restitution Bill for Those Wrongly Convicted : Legislation: Assemblyman Scott Baugh’s measure would entitle former Tustin resident Kevin Lee Green to $620,000 for his 16-year incarceration.

A bill that would pay $620,000 to a former Orange County resident who was wrongly imprisoned for 16 years on murder charges passed the state Senate Thursday night.

The unprecedented measure passed 30 to 1 without debate and was returned to the Assembly for routine approval of Senate changes, expected by today, the close of the Legislature’s session. The bill then goes to the governor for consideration.

Assemblyman Scott Baugh (R-Huntington Beach) initiated the bill for state compensation after reading news media reports about Kevin Lee Green, 40, formerly of Tustin.

Based on DNA tests, a judge in 1996 found Green innocent of the 1979 rape and attempted murder of his wife and the murder of their daughter, who was stillborn after the attack.

Another man, who confessed to the crime, was later convicted.

By the time he was cleared, Green had spent 16 years and three months behind bars.

Under a 58-year-old California law, Green, 40, was entitled to $10,000--an amount that was never adjusted for inflation.

Typically, a wrongly convicted person recovers damages after suing whoever is held responsible for the miscarriage of justice. But in Green’s case no one did anything wrong.

A jury convicted Green based on testimony from his wife at the time, Dianna D’Aiello, who suffered a head injury that caused memory loss. Even after DNA evidence ruled Green out, she maintained that he was guilty.

Green now lives in Missouri with his parents. In an April interview, Green said he earns $7.80 an hour working at a discount department store.

Baugh said Thursday that society owes Green restitution for the years he spent in prison.

California was the first state to pass a law to compensate those wrongly convicted. Fourteen states now have similar laws, usually with low damage caps.

If Gov. Gray Davis signs the Green bill, Baugh said, he will initiate a measure next year to set up a claim system for others in Green’s situation.

The amount of the award to Green, which would be exempt from state taxes, was calculated by using the $100 a day the state Department of Corrections pays prisoners who are detained after their release date.