4.100.090 – Actions for compensation.
RCW 4.100.090 Actions for compensation. Except as provided in RCW 4.100.070, an action for compensation under this chapter must be commenced within three years after the grant of a pardon, the grant of judicial relief and satisfaction of other conditions described in RCW 4.100.020, or release from custody, whichever is later. However, any action by […]
4.100.010 – Intent.
RCW 4.100.010 Intent. The legislature recognizes that persons convicted and imprisoned for crimes they did not commit have been uniquely victimized. Having suffered tremendous injustice by being stripped of their lives and liberty, they are forced to endure imprisonment and are later stigmatized as felons. A majority of those wrongly convicted in Washington state have […]
4.100.020 – Claim for compensation—Definitions.
RCW 4.100.020 Claim for compensation—Definitions. (1) Any person convicted in superior court and subsequently imprisoned for one or more felonies of which he or she is actually innocent may file a claim for compensation against the state. (2) For purposes of this chapter, a person is: (a) “Actually innocent” of a felony if he or […]
4.100.030 – Procedure for filing of claims.
RCW 4.100.030 Procedure for filing of claims. (1) All claims under this chapter must be filed in superior court. The venue for such actions is governed by RCW 4.12.020. (2) Service of the summons and complaint is governed by RCW 4.28.080. [ 2013 c 175 § 3.]
4.100.040 – Claims—Evidence, determinations required—Dismissal of claim.
RCW 4.100.040 Claims—Evidence, determinations required—Dismissal of claim. (1) In order to file an actionable claim for compensation under this chapter, the claimant must establish by documentary evidence that: (a) The claimant has been convicted of one or more felonies in superior court and subsequently sentenced to a term of imprisonment, and has served all or […]
4.100.050 – Appeals.
RCW 4.100.050 Appeals. Any party is entitled to the rights of appeal afforded parties in a civil action following a decision on such motions. In the case of dismissal of a claim, review of the superior court action is de novo. [ 2013 c 175 § 5.]
4.100.060 – Compensation awards—Amounts—Proof required—Reentry services.
RCW 4.100.060 Compensation awards—Amounts—Proof required—Reentry services. (1) In order to obtain a judgment in his or her favor, the claimant must show by clear and convincing evidence that: (a) The claimant was convicted of one or more felonies in superior court and subsequently sentenced to a term of imprisonment, and has served all or any […]
4.100.070 – Provision of information—Statute of limitations.
RCW 4.100.070 Provision of information—Statute of limitations. (1) On or after July 28, 2013, when a court grants judicial relief, such as reversal and vacation of a person’s conviction, consistent with the criteria established in RCW 4.100.040, the court must provide to the claimant a copy of RCW 4.100.020 through 4.100.090, 28B.15.395, and 72.09.750 at […]
4.100.080 – Remedies and compensation exclusive—Admissibility of agreements.
RCW 4.100.080 Remedies and compensation exclusive—Admissibility of agreements. (1) It is the intent of the legislature that the remedies and compensation provided under this chapter shall be exclusive to all other remedies at law and in equity against the state or any political subdivision of the state. As a requirement to making a request for […]