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2004 SESSION

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SB 271 Felony conviction; compensation for wrongful incarceration.

Introduced by: Frederick M. Quayle | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Wrongful incarceration for a felony conviction. Provides guidelines for the compensation of persons wrongfully incarcerated. Under the guidelines a wrongfully incarcerated person may receive an amount equal to 90 percent of the Virginia per capita personal income for each year of incarceration up to 20 years. The compensation shall be paid as an initial lump sum equal to 20 percent of the award with the remaining 80 percent of the principal to be used to purchase an annuity to provide equal monthly payments to such person for a period certain of 25 years. The bill also provides for (i) a $15,000 transition assistance grant for a wrongfully incarcerated person upon his release from prison to be paid from the Criminal Fund, which amount shall be deducted from any award received and (ii) reimbursement of up to $10,000 for tuition for career and technical training within the Virginia Community College System contingent upon successful completion of the training. The bill specifically provides that the payment and receipt of any compensation for wrongful incarceration shall be contingent upon the General Assembly appropriating funds for that purpose. The bill incorporates HB 631 and is identical to HB 638.


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