Bill Text: VA HB640 | 2024 | Regular Session | Prefiled
Bill Title: Wrongful incarceration; compensation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-04-04 - Governor: Acts of Assembly Chapter text (CHAP0396) [HB640 Detail]
Download: Virginia-2024-HB640-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§8.01-195.10 through 8.01-195.13 of the Code of Virginia are amended and reenacted as follows:
§8.01-195.10. Purpose; action by the General Assembly required; definitions.
A. The purpose of this article is to provide directions and
guidelines for the compensation of persons who have been wrongfully
incarcerated in the Commonwealth. Compensation for wrongful incarceration is
governed by Article IV, §14 of the Constitution of Virginia, which prohibits
the General Assembly from granting relief in cases in which the courts or other
tribunals may have jurisdiction and any individual
seeking payment of state funds for wrongful incarceration shall be deemed to
have waived all other claims. The payment and receipt of
any compensation for wrongful incarceration shall be contingent upon the
General Assembly appropriating funds for that purpose. This article shall not
provide an entitlement to compensation for persons wrongfully incarcerated or
require the General Assembly to appropriate funds for the payment of such
compensation. No
estate of or personal representative for a decedent shall be entitled to seek a
claim for compensation for wrongful incarceration.
B. As used in this article:
"Incarceration" or "incarcerated" means confinement in a local or regional correctional facility, juvenile correctional center, state correctional facility, residential detention center, or facility operated pursuant to the Corrections Private Management Act (§53.1-261 et seq.).
"Wrongful incarceration" or "wrongfully incarcerated"
means incarceration for a felony conviction for which (i)
the conviction has been vacated pursuant to Chapter 19.2 (§19.2-327.2 et seq.)
or 19.3 (§19.2-327.10 et seq.) of Title 19.2, or the person incarcerated has
been granted an absolute pardon for the commission of a crime that he did not
commit; (ii) the person incarcerated shall have entered a
final plea of not guilty or an Alford plea, or,
regardless of the plea, the person incarcerated was convicted of a
Class 1 felony, a Class 2 felony, or any felony for which the maximum penalty
is imprisonment for life; and (iii) the
person incarcerated did not by any act or omission on his part intentionally
contribute to his conviction for the felony for which he was incarcerated.
§8.01-195.11. Compensation for wrongful incarceration.
A. Any person who is convicted of a felony by a county or city
circuit court of the Commonwealth and is wrongfully incarcerated for such
felony may
shall be awarded compensation for each year of
incarceration, or portion thereof. The amount of compensation per year shall be $55,000, adjusted annually by the percentage
increase in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U),
as published by the Bureau of Labor Statistics of the U.S. Department of Labor,
or any predecessor or successor index, compared with the prior calendar year equal to the Commonwealth's most recent annual median
household income as published in the American Community Survey of the U.S.
Census Bureau. Calculations made pursuant to this section
shall be made by the State Treasurer.
The wrongfully incarcerated person shall also receive not less than $30,000, adjusted annually by the percentage increase in the Chained Consumer Price Index for all Urban Consumers (C-CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or any predecessor or successor index, compared with the prior calendar year, for each year or fraction thereof (i) of imprisonment after being sentenced to death; (ii) served on parole or postrelease supervision; or (iii) that such person was required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§9.1-900 et seq.) of Title 9.1.
B. Any compensation computed pursuant to subsection A and
approved by the General Assembly shall be paid by the Comptroller by his
warrant on the State Treasurer in favor of the person found to have been
wrongfully incarcerated. The person wrongfully incarcerated shall be paid an initial
a lump sum. equal to 25 percent of the compensation award with
the remaining 75 percent of the principal of the compensation award to be used
by the State Treasurer to purchase an annuity from any A+ rated company,
including any A+ rated company from which the Virginia Lottery may purchase an
annuity, to provide equal monthly payments to such person for a period certain
of 10 years commencing no later than one year after the effective date of the
appropriation; however, if such person's life expectancy, as calculated
pursuant to the provisions of §8.01-419 based on his age on the effective date
of the appropriation, is less than 10 years, then, upon his election, the
annuity period shall be equal to his life expectancy. The annuity shall provide
that it shall not be sold, discounted, or used as securitization for loans and
mortgages by the person awarded compensation. The annuity shall, however,
contain beneficiary provisions providing for the annuity's continued
disbursement in the event of the death of the person awarded compensation. All
payments or costs of annuities under this section shall be made by check issued
by the State Treasurer on warrant of the Comptroller.
Notwithstanding the
foregoing, in the event that the person wrongfully incarcerated is 60 years of
age or older or is terminally ill, the General Assembly may (i) pay 100 percent
of the compensation computed pursuant to subsection A as a lump sum to the
person wrongfully incarcerated or (ii) purchase an annuity for a period certain
that is less than 10 years. For the purposes of this section, "terminally
ill" means that the individual has a medical prognosis, as certified by a
licensed physician, that his life expectancy is five years or less if the
illness runs its normal course.
C. In addition to the compensation awarded pursuant to
subsection A, the General Assembly may shall pay to the person
wrongfully incarcerated the amount of any unreimbursed fine, fee, court cost,
or restitution imposed and paid and reasonable attorney fees and costs incurred
to receive an award pursuant to this section.
The wrongfully incarcerated person may also be
awarded other nonmonetary relief sought, including counseling, housing assistance,
employment assistance, health care and dental care, and personal financial
literacy assistance, as appropriate.
D. Any person who is convicted of a felony by a county or city circuit court of the Commonwealth and is wrongfully incarcerated for such felony shall receive a transition assistance grant of $15,000 to be paid from the Criminal Fund, which amount shall be deducted from any award received pursuant to subsection B, within 30 days of receipt of the written request for the disbursement of the transition assistance grant to the Executive Secretary of the Supreme Court of Virginia. Payment of the transition assistance grant from the Criminal Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Secretary of the Supreme Court of Virginia. In addition, such person shall be entitled to receive reimbursement up to $10,000 for tuition for career and technical training within the Virginia Community College System contingent upon successful completion of the training. Reimbursement for tuition shall be provided by the comprehensive community college at which the career or technical training was completed.
E. If an individual eligible for compensation and benefits under this section is deceased, the individual's estate has standing to be compensated under this section.
§8.01-195.12. Conditions for compensation; civil offset.
A. Any
person awarded compensation under this article who is subsequently convicted of
a felony shall, immediately upon such conviction, not be eligible to receive
any unpaid amounts from any compensation awarded and his beneficiaries shall
not be eligible to receive any payments under an annuity purchased pursuant to
subsection B of §8.01-195.11. Any unpaid amounts remaining under any annuity
shall become the property of the Commonwealth and shall be deposited into the
general fund of the state treasury.
A1. Any person
awarded compensation under this article who is subsequently incarcerated upon
the revocation of parole or probation resulting from the commission of an act
that constitutes a crime shall, during the period of such incarceration,
forfeit any payments under an annuity purchased pursuant to subsection B of §
8.01-195.11. Any forfeited amounts under any annuity shall become the property
of the Commonwealth and shall be deposited into the general fund of the state
treasury. If,
at the time of the award of
compensation pursuant to §
8.01-195.11, the person wrongfully incarcerated has previously
won a monetary award against the Commonwealth
or any political subdivision thereof in a civil action arising
out of the factual situation in connection with the conviction for which
the compensation was awarded, or has entered
into a settlement agreement with the Commonwealth
or any political subdivision thereof arising out of such
situation, the amount of the
award in such action or such settlement
agreement, less any sums paid to attorneys or for costs in litigating such
other civil action or obtaining such
settlement agreement, shall be deducted from the
sum of money to which the person wrongfully incarcerated is entitled pursuant
to §8.01-195.11. The court shall
include in the judgment entry an award to the Commonwealth
of any amount deducted pursuant to this subsection.
B. As
a condition of receiving any compensation under this article, a person shall
execute a release and waiver forever releasing (i) the Commonwealth or any
agency, instrumentality, officer, employee, or political subdivision thereof,
(ii) any legal counsel appointed pursuant to §19.2-159, and (iii) all other
parties of interest, from any present or future claims the person receiving
compensation may have against such enumerated parties and arising out of the
factual situation in connection with the conviction for which compensation is
being sought under this article. In addition, the person receiving compensation
shall not have been awarded a finally adjudicated judgment in a court of law
against or received any funds pursuant to a settlement agreement with any
person or entity described in this subsection for compensation or damages
arising out of the factual situation in connection with the conviction. If the
wrongfully incarcerated person is awarded compensation pursuant to §
8.01-195.11 and subsequently
wins a monetary award against the Commonwealth
or any political subdivision thereof in a civil action arising
out of the factual situation in connection with the conviction for which the
compensation was awarded, or enters into a
settlement agreement with the Commonwealth
or any political subdivision thereof arising out of such
situation, the person
wrongfully incarcerated shall reimburse the Commonwealth
for the sum of money paid under the judgment entry, less any sums paid to
attorneys or for costs in litigating the other civil action or obtaining the
settlement agreement. A reimbursement required pursuant to this
subsection shall not exceed the amount of the monetary award the claimant wins
for damages in such
other civil action or the amount received in such settlement agreement.
§8.01-195.13. Compensation for certain intentional acts.
A. In any matter resulting in compensation for wrongful
incarceration pursuant to this article, if a court of competent jurisdiction
over the matter determines, or the court record clearly demonstrates, that the
Commonwealth or any agency, instrumentality, officer or employee, or political
subdivision thereof (i) intentionally and wrongfully fabricated evidence that
was used to obtain the wrongful conviction in such manner and (ii)
intentionally, willfully, and continuously suppressed or withheld evidence
establishing the innocence of the person wrongfully incarcerated, including but
not limited to suppression or withholding of evidence to the Governor for the
purpose of clemency, the Commonwealth may shall compensate the person
wrongfully incarcerated for such intentional acts. Such amount shall be in
addition to any compensation awarded pursuant to §8.01-195.11 and may be up to
or equal to the amount of such compensation. The additional compensation shall
be added to any amount awarded pursuant to §8.01-195.11, and the total
compensation shall be paid pursuant to subdivision subsection B of §8.01-195.11.
Nothing provided in this section shall be interpreted to supplant, revoke, or
supersede any other provision of this article applicable to the award of
compensation for wrongful incarceration, and the additional compensation shall
be subject to any conditions set forth in this article.
B. Any compensation awarded pursuant to this article that
includes the additional compensation for intentional acts as set forth in
subsection A shall not become effective and payable by the Commonwealth unless
and until (i) the person wrongfully incarcerated executes the
release and waiver pursuant to subsection
B of §8.01-195.12 and (ii) the
instrumentality, or political subdivision thereof, employing any individual
committing the intentional acts set forth in clauses (i) and (ii) of subsection
A enters into an agreement with the person wrongfully incarcerated requiring
such instrumentality or political subdivision to compensate the person with a
sum at least equal to the total compensation provided pursuant to §8.01-195.11
and this section.
