§ 12-33-2 — § 12-33-2. Statement of claim for compensation.

Rhode Island § 12-33-2

• Jurisdiction: Rhode Island
• Title 12: Criminal Procedure
• Ch. 12-33: Claims for Wrongful Conviction and Imprisonment

Text

§ 12-33-2. Statement of claim for compensation.

(a) In order to present an actionable claim pursuant to this chapter, the claimant must establish by documentary evidence that:

(1) Claimant has been convicted of one or more crimes and, as a result of the conviction, was sentenced to a term of imprisonment and has served all or part of said sentence; and

(2) On grounds not inconsistent with innocence:

(i) Claimant was pardoned of the crime or crimes upon which claimant was sentenced and that are the grounds for the complaint; or

(ii) The judgment of conviction was vacated for reasons other than the ineffective assistance of counsel; or

(iii) The judgment of conviction was reversed for reasons other than the ineffective assistance of counsel; and

(iv) The accusatory instrument was dismissed; and

(3) The claim is not time-barred by the provisions of this chapter.

(b) The claims shall be verified by the claimant.

(c) If the court determines after an examination of the claim that the claimant has not alleged sufficient facts to succeed at trial it shall dismiss the claim, either on its own motion or on the state's motion.

Legislative History

P.L. 2021, ch. 235, § 1, effective July 8, 2021; P.L. 2021, ch. 236, § 1, effective July 8, 2021.