NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Monetary awards for exonerated prisoners. Defines "actually innocent" and specifies that a person whose conviction has been vacated and is actually innocent is entitled to compensation in the amount of $50,000 for each year that the person was wrongfully incarcerated in the department of correction or a county jail, subject to certain conditions. Establishes the exoneration fund (fund). Specifies that the criminal justice institute shall administer the fund and receive and process claims for compensation from the fund. Establishes a statute of limitations. Specifies fund eligibility requirements. Provides that a person's: (1) eligibility for; or (2) receipt of; proceeds from the exoneration fund does not prevent the person from applying for, enrolling in, or receiving the benefit of certain treatments, programs, or services if the person is otherwise eligible to receive the desired treatment or participate in the desired program or service. Provides that a person is not entitled to compensation in connection with the wrongful conviction: (1) if the person has previously received an award of damages in connection with the conviction; (2) while the person has a pending case; or (3) if the person does not execute a waiver. Specifies that the criminal justice institute may pay compensation only to the wrongfully incarcerated individual or to a guardian on behalf of the individual, and not to: (1) an estate; (2) a fiduciary; (3) a trust; or (4) an assignee; of the individual. Specifies that compensation from the fund is paid in equal sums over a five year period. Allows a person to appeal an adverse fund eligibility determination.

Spectrum: Slight Partisan Bill (Republican 7-4)

Status: (Passed) 2019-05-01 - Public Law 165 [HB1150 Detail]

Download: Indiana-2019-HB1150-Engrossed.pdf

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