As used in this article 65, unless the context
otherwise requires:
(1)(a) Actual innocence means a finding by clear and convincing evidence
by a district court pursuant to section 13-65-102 that a person is actually innocent
of a crime such that:
(I)His or her conviction was the result of a miscarriage of justice;
(II)He or she presented reliable evidence that he or she was factually
innocent of any participation in the crime at issue;
(III)He or she did not solicit, pursuant to 18-2-301, C.R.S., the commission of
the crime at issue or any crime factually related to the crime at issue;
(IV)He or she did not conspire, pursuant to 18-2-202, C.R.S., to commit the
crime at issue or any crime factually related to the crime at issue;
(V)He or she did not act as a complicitor, p
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As used in this article 65, unless the context
otherwise requires:
(1) (a) Actual innocence means a finding by clear and convincing evidence
by a district court pursuant to section 13-65-102 that a person is actually innocent
of a crime such that:
(I) His or her conviction was the result of a miscarriage of justice;
(II) He or she presented reliable evidence that he or she was factually
innocent of any participation in the crime at issue;
(III) He or she did not solicit, pursuant to 18-2-301, C.R.S., the commission of
the crime at issue or any crime factually related to the crime at issue;
(IV) He or she did not conspire, pursuant to 18-2-202, C.R.S., to commit the
crime at issue or any crime factually related to the crime at issue;
(V) He or she did not act as a complicitor, pursuant to 18-1-603, C.R.S., in the
commission of the crime at issue or any crime factually related to the crime at
issue;
(VI) He or she did not act as an accessory, pursuant to 18-8-105, C.R.S., in the
commission of the crime at issue or any crime factually related to the crime at
issue; and
(VII) He or she did not attempt to commit, pursuant to 18-2-101, C.R.S., the
crime at issue or any crime factually related to the crime at issue.
(b) A court may not reach a finding of actual innocence pursuant to this
section merely:
(I) Because the court finds the evidence legally insufficient to support the
petitioner's conviction;
(II) Because the court reversed or vacated the petitioner's conviction
because of a legal error unrelated to the petitioner's actual innocence or because
of uncorroborated witness recantation alone; or
(III) On the basis of uncorroborated witness recantation alone.
(c) As used in this subsection (1), reliable evidence may include but is not
limited to exculpatory scientific evidence, trustworthy eyewitness accounts, and
critical physical evidence.
(2) Custodial child means any individual:
(a) Who was conceived or adopted prior to the date upon which the
exonerated person was incarcerated for the act or offense that served as the basis
for his or her conviction, which conviction and incarceration is the subject of his or
her petition;
(b) Whose principal residence is the home of an exonerated person;
(c) Who receives more than half of his or her financial support from the
exonerated person each year; and
(d) Who is either:
(I) Less than nineteen years of age at the end of the current year; or
(II) Less than twenty-four years of age at the end of the current year and a
full-time student.
(3) Exonerated person means a person who has been determined by a
district court pursuant to section 13-65-102 to be actually innocent.
(4) Immediate family member means a spouse, a parent, a child, a
grandparent, or a sibling of a deceased person who would be eligible for relief
pursuant to section 13-65-102 if he or she were alive. The provisions of article 11 of
title 15, C.R.S., shall govern which immediate family member or members have
proper standing to act as a petitioner.
(5) Incarceration means a person's custody in a county jail or a correctional
facility while he or she serves a sentence issued pursuant to a felony conviction in
this state or pursuant to the person's adjudication as a juvenile delinquent for the
commission of one or more offenses that would be felonies if committed by a
person eighteen years of age or older. For the purposes of this section,
incarceration includes placement as a juvenile to the custody of the state
department of human services or a county department of human or social services
pursuant to such an adjudication.
(6) Personal financial management instruction course means a personal
financial management instruction course that has been approved by the United
States trustee's office pursuant to 11 U.S.C. sec. 111.
(7) Petition means a petition for compensation based on actual innocence
filed pursuant to the provisions of section 13-65-102.
(8) Petitioner means a person who petitions for relief pursuant to section
13-65-102. Petitioner includes the immediate family members of a deceased
person who would be eligible for relief pursuant to section 13-65-102 if he or she
were alive.
(9) Qualified health plan means a health plan that satisfies the definition of
a qualified health plan set forth in the federal Patient Protection and Affordable
Care Act, P.L. 111-148, 42 U.S.C. 18021 (a)(1).
(10) State's duty of monetary compensation means the total amount of
monetary compensation owed by the state to an exonerated person.