Section 29-2-150 Legislative intent. The Legislature intends that this article shall serve as the method of compensating certain innocent persons who have been wrongfully incarcerated by the State of Alabama. (Act 2001-659, p. 1359, §1.)
Section 29-2-151 Committee created. There is hereby created the Committee on Compensation for Wrongful Incarceration. The Committee on Compensation for Wrongful Incarceration may hereinafter be referred to as the “committee.” The committee shall certify applicants who have met the eligibility criteria for payment pursuant to this article and may recommend to the Legislature an amount […]
Section 29-2-152 Composition; meetings; duties of Division of Risk Management. (a) The committee shall consist of the following nine voting members: (1) The Chair of the House Ways and Means General Fund Committee. (2) The Chair of the Senate Finance and Taxation General Fund Committee. (3) The Chair of the House Judiciary Committee. (4) The […]
Section 29-2-153 Compensation; expenses. (a) Members of the committee shall serve without compensation. (b) Members of the committee are entitled to reimbursement for expenses while on official business of the committee or attending its meetings. Expenses shall be paid as follows: (1) The expenses of members who are legislators may be paid out of any […]
Section 29-2-154 Rules and regulations. From time to time the committee shall establish rules and regulations for the administration of its duties and responsibilities as well as those of the Division of Risk Management as relates to this article. (Act 2001-659, p. 1359, §5.)
Section 29-2-155 Civil liability. No civil action may be brought against the committee or any of its members, for providing any reports, records, opinions, or any actions or recommendations pursuant to this article. In addition, any persons acting in good faith and without negligence or malicious intent in providing information to the committee in furtherance […]
Section 29-2-156 Eligibility for compensation. In order to be eligible to receive compensation for wrongful incarceration a person must: (1) Have been convicted by the state of one or more felony offenses, all of which the person was innocent, and have served time in prison as a result of the conviction or convictions; or (2) […]
Section 29-2-157 Evidence of innocence. For purposes of determination of eligibility for compensation for wrongful incarceration, innocence shall be evidenced by at least one of the following: (1) The conviction vacated or reversed and the accusatory instrument dismissed on grounds of innocence; or (2) The accusatory instrument dismissed on a ground consistent with innocence. (Act […]
Section 29-2-158 Application and notice. (a) Any individual who meets the eligibility criteria established in this article and desires compensation shall submit such application to the Division of Risk Management which shall immediately provide notice to the members of the committee. (b) An application for compensation must include a full statement of the facts upon […]
Section 29-2-159 Base and discretionary amounts of compensation; hearing; certification and payment. (a) If an applicant’s eligibility is verified by the Division of Risk Management, the committee shall certify to the applicant an amount equal to fifty thousand dollars ($50,000) for each year or the pro rata amount for the portion of each year of […]
Section 29-2-160 Methods of payment; eligibility of estate to receive compensation. (a) The committee in its discretion may direct that payment of compensation claims be in a lump sum or in such installments as it deems appropriate, but no part of such claim shall be directed by the committee to any person other than the […]
Section 29-2-161 Eligibility exceptions. (a) A person serving a term of imprisonment for a crime other than a crime for which the person was wrongfully incarcerated shall not be eligible to receive compensation pursuant to this article. (b) A person shall not be eligible to receive compensation pursuant to this article if the sentence for […]
Section 29-2-162 Application based on exoneration or dismissal of accusatory instrument. Any person applying for compensation under this article based on exoneration that was granted before May 21, 2001, or the dismissal of an accusatory instrument that occurred before May 21, 2001, shall file his or her application within two years after May 21, 2001. […]
Section 29-2-163 Verification of information by Division of Risk Management. The Division of Risk Management shall be responsible for verifying all information submitted by an applicant meeting the criteria established in Section 29-2-156 and verifying that the applicant is not ineligible due to any of the exceptions provided for in Sections 29-2-161 and 29-2-162. (Act […]
Section 29-2-164 Cooperation by state agencies and departments. Agencies of state government shall cooperate with the committee and the staff of the Division of Risk Management as necessary for the committee and the division to carry out its responsibilities. Upon the request of the committee or the division, each agency and department of the state […]
Section 29-2-165 Appropriation of funds. Notwithstanding any other provisions of this article, payment and receipt of any base or supplemental compensation as provided by subsections (a), (b), (c), or (d) of Section 29-2-159 is contingent upon the Legislature appropriating funds for that purpose. This article does not provide for an entitlement to compensation to persons […]
