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Home » US Law » 2022 Rhode Island General Laws » Title 12 - Criminal Procedure » Chapter 12-33 - Claims for Wrongful Conviction and ImprisonmentHistory of Section.

Section 12-33-1. – Legislative intent.

§ 12-33-1. Legislative intent. (a) The general assembly finds that innocent persons who have been wrongfully convicted of crimes through no fault of their own have been uniquely victimized, and are deserving of consideration and remuneration for this miscarriage of justice. (b) For the purposes of this chapter, a “wrongful conviction” is a finding of […]

Section 12-33-2. – Statement of claim for compensation.

§ 12-33-2. Statement of claim for compensation. (a) In order to present an actionable claim pursuant to this chapter, the claimant must establish by documentary evidence that: (1) Claimant has been convicted of one or more crimes and, as a result of the conviction, was sentenced to a term of imprisonment and has served all […]

Section 12-33-3. – Presentation of claim.

§ 12-33-3. Presentation of claim. All claims of wrongful conviction and imprisonment under this chapter shall be presented to and heard by the presiding justice of the superior court. History of Section.P.L. 2021, ch. 235, § 1, effective July 8, 2021; P.L. 2021, ch. 236, § 1, effective July 8, 2021.

Section 12-33-4. – Judgment and award.

§ 12-33-4. Judgment and award. (a) In order to obtain a judgment in their favor, the claimant must prove by a preponderance of the evidence that: (1) Claimant was convicted of one or more crimes, and subsequently sentenced to a term of imprisonment for more than one year, and has served all or any part […]

Section 12-33-5. – Funding.

§ 12-33-5. Funding. Any awards, amounts, or fees awarded pursuant to the provisions of this chapter shall, at the direction of the court, be provided by the general treasurer from the general fund. History of Section.P.L. 2021, ch. 235, § 1, effective July 8, 2021; P.L. 2021, ch. 236, § 1, effective July 8, 2021.

Section 12-33-6. – Non-exclusivity.

§ 12-33-6. Non-exclusivity. The provisions of this chapter shall not be construed to prohibit a person who has been wrongfully convicted and incarcerated as a result of the misfeasance or malfeasance on the part of the state or any of its political subdivisions from seeking compensation or relief pursuant to any other action or suit […]

Section 12-33-7. – Limitations.

§ 12-33-7. Limitations. Any person claiming compensation under this section based on a pardon that was granted or the vacated or reversed judgment of conviction that occurred before June 30, 2021, shall file such claim not later than three (3) years after June 30, 2021. Any person claiming compensation under this section based on a […]