Sec. 8. (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

Terms Used In Indiana Code 5-2-23-8

  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(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.

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

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