§ 5-2-23-8 — Procedure for seeking compensation; eligibility; role of Indiana criminal justice agency

Indiana § 5-2-23-8

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

Text

(a) A person to whom this chapter applies may
seek compensation under this chapter by applying to the criminal
justice institute on a form and in a manner to be determined by the
criminal justice institute. An application must be submitted not later
than:
(1) November 1, 2021; or
(2) two (2) years from the date the:
(A) judgment vacating, reversing, or setting aside the person's
conviction becomes final; or
(B) governor pardons the person;
whichever is later. An applicant shall submit additional evidence to the
criminal justice institute upon request by the criminal justice institute.
(b) An applicant must demonstrate the following in any application
submitted to the criminal justice institute:
(1) The applicant's eligibility, by a preponderance of the evidence,
for compensation under this chapter as described in this chapter.
(2) The applicant's compliance with any rules promulgated or
required by the criminal justice institute pursuant to section 9 of
this chapter.
(c) Upon receipt of:
(1) a completed application; and
(2) any additional evidence required by the criminal justice
institute;
the criminal justice institute shall evaluate, investigate, and make a
determination with respect to an applicant's claim.
(d) If, at the conclusion of an investigation performed pursuant to
subsection (c), the criminal justice institute determines that the
applicant qualifies for compensation under this chapter, the criminal
justice institute shall pay any compensation due to the applicant,
subject to the requirements of subsections (e) and (f).
(e) This subsection applies to any application or compensation
owed, regardless of when the application was initially submitted or a
payment of the compensation was initially made. The criminal justice
institute may not pay, or continue to pay, compensation to an applicant
who:
(1) has received an award for restitution or damages described in
section 1 of this chapter in connection with the conviction;
(2) has a pending case that might result in an award for restitution
or damages described in section 1 of this chapter with respect to
the conviction;
(3) has not executed the waiver described in section 4 of this
chapter;
(4) is currently incarcerated in a county, city, or federal jail or
prison or in an institution operated by the department of
correction for a crime other than a crime for which the individual
was wrongfully incarcerated; or
(5) is currently incarcerated due to the revocation of parole or
probation for a crime other than a crime for which the individual
was wrongfully incarcerated.
However, after a term of imprisonment described in subdivision (4) or
(5) has concluded, the criminal justice institute shall resume paying
compensation to the individual.
(f) The criminal justice institute may only pay compensation to the
individual who was wrongfully incarcerated or, on behalf of the
individual, to the individual's guardian. The criminal justice institute
may not pay compensation to:
(1) the estate of;
(2) a fiduciary of;
(3) a trust on behalf of; or
(4) an assignee of;
the wrongfully incarcerated individual.

Legislative History

As added by P.L.165-2019, SEC.1. Amended by P.L.165-2021, SEC.60; P.L.146-2022, SEC.2.