(a) Damages. —
A petitioner who prevails on a cause of action under § 7004 of this title shall be awarded the following categories of damages:
(1) Noneconomic damages arising from the wrongful conviction, including damages for loss of liberty and pain and suffering, according to proof, for a total sum not less than the equivalent of:
a. $100,000 for each year of incarceration while awaiting a sentence of death based on the conviction at issue, prorated for any partial years and adjusted by subsection (b) of this section.
b. $75,000 for each year of incarceration based on the conviction at issue, prorated for any partial years and adjusted by subsection (b) of this section.
c. $50,000 for each year spent on probation or parole or subject to a requirement of registration pursuant to § 4120 et seq. of Title 11 (sex offender registry) based on the conviction at issue, prorated for any partial years and adjusted by subsection (b) of this section.
(2) Economic damages arising from the wrongful conviction, according to proof.
(3) Compensation to those entitled to child support payments owed by the petitioner that became due, and interest on child support arrearages that accrued, but were not paid, during the time the petitioner served in prison.
(4) Reasonable attorneys’ fees, costs and expenses incurred in overturning, reversing, or vacating the petitioner’s conviction.
(5) Reasonable attorneys’ fees, costs and expenses incurred in obtaining relief under this section and § 7004 of this title. Petitioner’s attorneys may not collect any fees or costs in excess of the amounts awarded under this paragraph.
(6) Reimbursement of any unreimbursed costs, fines, fees, or surcharges imposed on petitioner as a result of the former conviction which were paid by or on behalf of the petitioner.
(7) Reimbursement of any unreimbursed restitution money paid by or on behalf of the petitioner as a result of the former conviction.
(8) Compensation for any reasonable reintegrative services and mental and physical health care costs incurred by the petitioner for the period between the petitioner’s release from incarceration and the date of the petitioner’s award.
(b) Annual adjustment. —
Beginning in 2025, and every year thereafter, the State Treasurer shall determine the percentage increase or decrease in the cost of living for the previous calendar year, based on changes in the Consumer Price Index for All Urban Consumers, Mid-Atlantic Region (All), as published by the Bureau of Labor Statistics of the United States Department of Labor. On or before July 1 of the year in which the State Treasurer makes the determination required by this subsection, the State Treasurer shall adjust the amounts prescribed under paragraphs (a)(1) through (a)(3) of this section for the following calendar year by multiplying the amounts applicable to the calendar year in which the adjustment is made by the percentage amount determined under this subsection. The State Treasurer shall round the adjusted limitation amount to the nearest $100, but the unrounded amount shall be used to calculate the adjustments to the amounts in subsequent calendar years. The adjusted amounts become effective on July 1 of the year in which the adjustment is made, and apply to all claims filed under this section on or after July 1 of that year and before July 1 of the subsequent year.
(c) Exclusions. —
A petitioner is not entitled to compensation under paragraphs (a)(1) and (a)(2) of this section for any period during which the petitioner was serving a concurrent sentence for another crime for which the petitioner’s conviction was not overturned or vacated, and except to the extent:
(1) The sentence for that other crime was longer than it would have been without 1 or more of the crimes at issue in the petition.
(2) The intact conviction was based on a Robinson plea or a plea of no contest while maintaining a claim of innocence, that the petitioner took in order to resolve the underlying case after the original conviction was overturned, reversed, or vacated on direct or collateral review, and the petitioner proves by a preponderance of the evidence that the petitioner did not commit the crime that resulted in the Robinson plea or no contest plea, or that there was no crime committed.
(d) Timing of award. —
An award of damages under this section of $1 million or less shall be paid to the petitioner in a lump sum. If an award of damages under this section exceeds $1 million, then $1 million of the award shall be paid to the petitioner in a lump sum and the remainder shall be paid annually in equal payments over 5 years.
(e) No offset for costs of services, indigent defense, or incarceration. —
An award of damages under this section is not subject to offset for any of the following:
(1) Costs or expenses incurred by the State or any of its agencies or subdivisions, including costs under § 8913 of Title 29, expenses incurred to secure the petitioner’s incarceration, and expenses to feed, clothe, or provide medical services for the petitioner while incarcerated.
(2) The value of any goods or services provided to the petitioner pursuant to § 7009 of this title.
(3) Costs of defense pursuant to § 8601 of this title.
(f) Expungement of criminal record. —
When a petitioner prevails on a petition under § 7004 of this title, the court shall enter an order of expungement pursuant to § 1017 of this title, for juvenile delinquency adjudications, pursuant to § 4373 of Title 11, for criminal convictions, or both, as applicable to the convictions at issue in the petition. The expungement order must provide that the petitioner is entitled, upon request to the State Bureau of Identification, to copies of the arrest and criminal records related to the convictions at issue in the petition.
(g) Certificate of innocence. —
When a petitioner prevails on a cause of action under § 7004 of this title, the Superior Court shall give notice to the Department of Justice, including a description of each applicable conviction, the fact and date of the Superior Court’s finding of innocence on each such conviction, and the time periods for which the petitioner was awarded damages under paragraphs (a)(1) through (a)(3) of this section. Within 60 days of receiving the notice from the Superior Court, the Department of Justice shall provide to the petitioner a 1-page letter on Department of Justice letterhead, signed by or on behalf of the Attorney General, stating that the petitioner has been found to be innocent of the crimes at issue, and listing the time periods that the petitioner spent wrongfully incarcerated, or wrongfully in a psychiatric hospital, the time periods the petitioner spent wrongfully on parole or probation, if applicable, and the time periods the petitioner wrongfully spent on the sex offender registry, if applicable.
(h) Other remedies. —
The acceptance by the petitioner of an award of damages or other relief (or both) under this section does not preclude the petitioner from obtaining damages or other relief available under law.
(i) Offset. —
If the petitioner previously won a monetary award in a civil action for wrongful conviction or imprisonment for the crimes at issue in the petition, or has entered into a settlement agreement for a civil action for wrongful conviction or imprisonment for the crimes at issue in the petition, any award of noneconomic damages under § 7005 of this title will be reduced to the extent of any noneconomic damages, and any award of economic damages under § 7005 of this title will be reduced to the extent of any economic damages, that the petitioner has received in the civil action award or settlement agreement, less any attorneys’ fees, expenses and out-of-pocket costs paid by the petitioner in connection with obtaining the civil action award or settlement.
(j) Reimbursement. —
If the petitioner has received an award under this chapter, and subsequently wins a monetary award in a civil action for wrongful conviction or imprisonment for the crimes at issue in the petition, or has entered into a settlement agreement for wrongful conviction or imprisonment for the crimes at issue in the petition, the petitioner shall reimburse the State to the extent of any non-economic damages awarded under § 7005 of this title, and to the extent of any economic damages awarded under § 7005 of this title, less any attorneys’ fees, expenses and out-of-pocket costs paid by the petitioner in connection with obtaining the civil action award or settlement, up to the full amount awarded under this chapter for economic and noneconomic damages, respectively.