State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_148 > GS_148-84

§ 148‑84.  Evidence;action by Industrial Commission; payment and amount of compensation.

(a)        At the hearing theclaimant may introduce evidence in the form of affidavits or testimony tosupport the claim, and the Attorney General may introduce counter affidavits ortestimony in refutation. If the Industrial Commission finds from the evidencethat the claimant received a pardon of innocence for the reason that the crimewas not committed at all, or was not committed by the claimant, and that theclaimant was imprisoned and has been vindicated in connection with the allegedoffense for which he or she was imprisoned, the Industrial Commission shallaward to the claimant an amount equal to fifty thousand dollars ($50,000) foreach year or the pro rata amount for the portion of each year of theimprisonment actually served, including any time spent awaiting trial. However,(i) in no event shall the compensation, including the compensation provided insubsection (c) of this section, exceed a total amount of seven hundred fiftythousand dollars ($750,000), and (ii) a claimant is not entitled tocompensation for any portion of a prison sentence during which the claimant wasalso serving a concurrent sentence for conviction of a crime other than the onefor which the pardon of innocence was granted.

The Director of the Budgetshall pay the amount of the award to the claimant out of the Contingency andEmergency Fund, or out of any other available State funds. The IndustrialCommission shall give written notice of its decision to all parties concerned.The determination of the Industrial Commission shall be subject to judicialreview upon appeal of the claimant or the State according to the provisions andprocedures set forth in Article 31 of Chapter 143 of the General Statutes.

(b)        Reserved.

(c)        In addition to thecompensation provided under subsection (a) of this section, the IndustrialCommission shall determine the extent to which incarceration has deprived aclaimant of educational or training opportunities and, based upon thosefindings, may award the following compensation for loss of life opportunities:

(1)        Job skills trainingfor at least one year through an appropriate State program; and

(2)        Expenses for tuitionand fees at any public North Carolina community college or constituentinstitution of The University of North Carolina for any degree or program ofthe claimant's choice that is available from one or more of the applicableinstitutions. Claimants are also entitled to assistance in meeting anyadmission standards or criteria required at any of those institutions,including assistance in satisfying requirements for a certificate ofequivalency of completion of secondary education. A claimant may apply for aidunder this subdivision within 10 years of the claimant's release fromincarceration, and aid shall continue for up to a total of five years wheninitiated within the 10‑year period, provided the claimant makessatisfactory progress in the courses or degree program in which the claimant isenrolled.  (1947,c. 465, s. 3; 1963, c. 1174, s. 4; 1973, c. 1262, s. 10; 1997‑388, s. 3;2001‑424, s. 25.12(a); 2008‑173, ss. 1, 2; 2009‑570, s. 24.)