CODE OF VIRGINIA

COMPENSATION FOR WRONGFUL INCARCERATION (§ 8.01-195.11)

A. Any person who is convicted of a felony by a county or city circuit court of
the Commonwealth and is wrongfully incarcerated for such felony may be awarded
compensation in an amount equal to 90 percent of the inflation adjusted Virginia
per capita personal income as reported by the Bureau of Economic Analysis of the
United States Department of Commerce for each year of incarceration, or portion
thereof.

B. Any compensation computed pursuant to subsection A and approved by the
General Assembly shall be paid by the Comptroller by his warrant on the State
Treasurer in favor of the person found to have been wrongfully incarcerated. The
person wrongfully incarcerated shall be paid an initial lump sum equal to 20
percent of the compensation award with the remaining 80 percent of the principal
of the compensation award to be used by the State Treasurer to purchase an
annuity from any A+ rated company, including any A+ rated company from which the
Virginia Lottery may purchase an annuity, to provide equal monthly payments to
such person for a period certain of 25 years commencing no later than one year
after the effective date of the appropriation. The annuity shall provide that it
shall not be sold, discounted, or used as securitization for loans and mortgages
by the person awarded compensation. The annuity shall, however, contain
beneficiary provisions providing for the annuity’s continued disbursement
in the event of the death of the person awarded compensation. All payments or
costs of annuities under this section shall be made by check issued by the State
Treasurer on warrant of the Comptroller.

C. Any person who is convicted of a felony by a county or city circuit court of
the Commonwealth and is wrongfully incarcerated for such felony shall receive a
transition assistance grant of $ 15,000 to be paid from the Criminal Fund, which
amount shall be deducted from any award received pursuant to subsection B. In
addition, such person shall be entitled to receive reimbursement up to $ 10,000
for tuition for career and technical training within the Virginia community
college system contingent upon successful completion of the training.
Reimbursement for tuition shall be provided by the community college at which
the career or technical training was completed.

HISTORY: 2004, cc. 818, 840; 2010, c. 557; 2012, c. 675; 2014, c. 225.