> In the rest of the dissent, Thomas discusses the due process that was available under Colorado's Exoneration Act and indicated that this law did not automatic

> In the rest of the dissent, Thomas discusses the due process that was available under Colorado's Exoneration Act and indicated that this law did not automatically entitle convicted persons to an automatic refund of any fees associated with their convictions, partially because state law ordered that money to be dispensed via victim compensation funds. > This highlights a potential chilling effect of this ruling. As states are now on the perpetual hook for any monies that may be confiscated from someone who is eventually exonerated (and in the case of white-collar crime, this could be millions of dollars), and since you can't know that someone won't be exonerated in the future, states who are interested in keeping their budgets balanced will be incentivized to hold such money in escrow instead of dispensing it for victim's relief. It seems that Thomas's dissent finds its basis in that the defendants should have followed the due process set forth in the Exoneration Act to have a substantive entitlement to the money, on the other hand in Alito's concurring opinion he quite explicitly disagrees and posits that the Exoneration Act violates due process: These stringent requirements all but guarantee that most defendants whose convictions are reversed have no realis - tic opportunity to prove they are deserving of refunds. Colorado has abandoned historical procedures that were more generous to successful appellants and incorporated a court’s case-specific equitable judgment. Instead, Colorado has adopted a system that is harsh, inflexible, and pre- vents most defendants whose convictions are reversed from demonstrating entitlement to a refund. Indeed, the Colorado General Assembly made financial projections based on the assumption that only one person every five years would qualify for a financial award under the Exon- eration Act. Colorado Legislative Council Staff Fiscal Note, State and Local Revised Fiscal Impact, HB 13–1230, p. 2 (Apr. 22, 2013), online at http://leg.colorado.gov http://leg.colorado.gov (as last visited Apr. 17, 2017). Accordingly, the Exoneration Act does not satisfy due process requirements. See Cooper v. Oklahoma , 517 U. S. 348, 356 (1996) (A state rule of criminal procedure may violate due process where “a rule significantly more favorable to the defendant has had a long and consistent application”).