Sec. 1. (a) This chapter does not apply to a person who has received, in any jurisdiction, an award for restitution or damages concerning a conviction, or a conviction’s underlying criminal investigation, against the state of Indiana or a political subdivision and any applicable state agency, official, member, officer, agent, or employee, or the successor […]
Sec. 10. A person may seek judicial review of a determination made by the criminal justice institute under this chapter in accordance with IC 4-21.5-5. However, an applicant appealing an adverse determination is not required to pay for the cost of producing the record. As added by P.L.165-2019, SEC.1.
Sec. 2. (a) As used in this chapter, “actually innocent” means, with respect to a particular offense, that a person: (1) did not commit the offense; and (2) did not: (A) commit; (B) take part in; or (C) plan, prepare for, or participate in the planning or preparation of; any other criminal act in connection […]
Sec. 3. (a) Subject to section 4 of this chapter, and except as provided in section 5 of this chapter, a person to whom this chapter applies is entitled to compensation in the amount of fifty thousand dollars ($50,000) for each year that the person was incarcerated in the department of correction (including a facility […]
Sec. 4. A person to whom this chapter applies is entitled to compensation under this chapter only if the person forever releases, discharges, and waives any and all claims against the following persons or entities, as applicable: (1) The state of Indiana. (2) A political subdivision. (3) Any applicable state agency. (4) Any current or […]
Sec. 5. (a) A person is entitled to compensation for only the period of incarceration that is solely attributable to the conviction that is vacated. A person is not entitled to compensation for the part of a sentence that is served concurrently with a sentence for a conviction that is not vacated. (b) The maximum […]
Sec. 6. (a) This section applies to treatments, programs, or services offered by one (1) or more of the following: (1) The department of correction. (2) A community corrections program (as defined under IC 35-38-2.6-2). (3) A court. (b) Nothing in this chapter shall be construed to prevent a person from enrolling in, participating in, […]
As added by P.L.165-2019, SEC.1. Repealed by P.L.165-2021, SEC.59.
Sec. 8. (a) A person to whom this chapter applies may seek compensation under this chapter by applying to the criminal justice institute on a form and in a manner to be determined by the criminal justice institute. An application must be submitted not later than: (1) November 1, 2021; or (2) two (2) years […]
Sec. 9. (a) The criminal justice institute may adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, to implement this chapter. (b) An emergency rule adopted under this section expires on the earlier of the following dates: (1) The expiration date stated in the emergency rule. (2) The date the emergency rule is […]
