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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 | history

SUMMARY AS PASSED:

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.

SUMMARY AS PASSED SENATE:

Wrongful incarceration for a felony conviction. Provides compensation to persons convicted and incarcerated for a felony in cases where (i) the circuit court has ordered all charges dismissed with prejudice, (ii) the person incarcerated entered a plea of not guilty to all charges, and (iii) the person incarcerated did not by any act on his part contribute to his conviction for the felony. The Virginia Parole Board shall determine whether a person was wrongfully incarcerated.

A person shall have two years in which to make an application to the Virginia Parole Board seeking compensation. The Virginia Parole Board shall not act upon any application of a person who is currently incarcerated or who has been convicted of another felony.

A person found to be wrongfully incarcerated shall be compensated in an amount equal to the present value of 90 percent of the inflation-adjusted Virginia per capita personal income for each year of incarceration for the felony conviction.

Such compensation shall be paid in a lump sum (10%) and the remaining amount of such compensation (90%) shall be used to purchase an annuity payable in equal monthly installments over a 25-year period.

SUMMARY AS INTRODUCED:

Wrongful incarceration for a felony conviction. Provides compensation to persons convicted and incarcerated for a felony in cases where (i) the circuit court has ordered all charges dismissed with prejudice, (ii) the person incarcerated entered a plea of not guilty to all charges, and (iii) the person incarcerated did not by any act on his part contribute to his arrest or conviction for the felony. The Virginia Parole Board shall determine whether a person was wrongfully incarcerated.

A person shall have two years in which to make an application to the Virginia Parole Board seeking compensation. The Virginia Parole Board shall not act upon any application of a person who is currently incarcerated or who has been convicted of another felony.

A person found to be wrongfully incarcerated shall be compensated in an amount equal to the present value of 90 percent of the Virginia per capita personal income for each year of incarceration for the felony conviction.