§ 5-2-23-1 — Application

Indiana § 5-2-23-1

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 2: LAW ENFORCEMENT
• Ch. 23: Restitution for Wrongfully Incarcerated Persons

Text

(a) This chapter does not apply to a person who
has received, in any jurisdiction, an award for restitution or damages
concerning a conviction, or a conviction's underlying criminal
investigation, against the state of Indiana or a political subdivision and
any applicable state agency, official, member, officer, agent, or
employee, or the successor to any of those individuals, as applicable.
(b) Subject to subsection (a), this chapter applies to a person:
(1) sentenced to the department of correction or a county jail as
the result of a criminal conviction;
(2) who is pardoned by the governor, or whose conviction is
vacated, reversed, or set aside;
(3) who is actually innocent; and
(4) who has not:
(A) previously applied for restitution under this chapter for the
same conviction or any associated criminal investigation; or
(B) received compensation in any form from the state of
Indiana or a political subdivision for claims related to the
conviction or any associated criminal investigation.

Legislative History

As added by P.L.165-2019, SEC.1.