§ 8.01-195.10. Purpose; action by the General Assembly required; definitions.
A. The purpose of this article is to provide directions and guidelines forthe compensation of persons who have been wrongfully incarcerated in theCommonwealth. Compensation for wrongful incarceration is governed by ArticleIV, Section 14 of the Constitution of Virginia, which prohibits the GeneralAssembly from granting relief in cases in which the courts or other tribunalsmay have jurisdiction and any individual seeking payment of state funds forwrongful incarceration shall be deemed to have waived all other claims. Thepayment and receipt of any compensation for wrongful incarceration shall becontingent upon the General Assembly appropriating funds for that purpose.This article shall not provide an entitlement to compensation for personswrongfully incarcerated or require the General Assembly to appropriate fundsfor the payment of such compensation. No estate of or personal representativefor a decedent shall be entitled to seek a claim for compensation forwrongful incarceration.
B. As used in this article:
"Incarceration" or "incarcerated" means confinement in a local orregional correctional facility, juvenile correctional center, statecorrectional facility, residential detention center, or facility operatedpursuant to the Corrections Private Management Act (§ 53.1-261 et seq.).
"Wrongful incarceration" or "wrongfully incarcerated" means incarcerationfor a felony conviction for which (i) the conviction has been vacatedpursuant to Chapter 19.2 (§ 19.2-327.2 et seq.) or 19.3 (§ 19.2-327.10 etseq.) of Title 19.2, or the person incarcerated has been granted an absolutepardon for the commission of a crime that he did not commit, (ii) the personincarcerated must have entered a final plea of not guilty, or regardless ofthe plea, any person sentenced to death, or convicted of a Class 1 felony, aClass 2 felony, or any felony for which the maximum penalty is imprisonmentfor life, and (iii) the person incarcerated did not by any act or omission onhis part intentionally contribute to his conviction for the felony for whichhe was incarcerated.
§ 8.01-195.10. Purpose; action by the General Assembly required; definitions.
A. The purpose of this article is to provide directions and guidelines forthe compensation of persons who have been wrongfully incarcerated in theCommonwealth. Compensation for wrongful incarceration is governed by ArticleIV, Section 14 of the Constitution of Virginia, which prohibits the GeneralAssembly from granting relief in cases in which the courts or other tribunalsmay have jurisdiction and any individual seeking payment of state funds forwrongful incarceration shall be deemed to have waived all other claims. Thepayment and receipt of any compensation for wrongful incarceration shall becontingent upon the General Assembly appropriating funds for that purpose.This article shall not provide an entitlement to compensation for personswrongfully incarcerated or require the General Assembly to appropriate fundsfor the payment of such compensation. No estate of or personal representativefor a decedent shall be entitled to seek a claim for compensation forwrongful incarceration.
B. As used in this article:
"Incarceration" or "incarcerated" means confinement in a local orregional correctional facility, juvenile correctional center, statecorrectional facility, residential detention center, or facility operatedpursuant to the Corrections Private Management Act (§ 53.1-261 et seq.).
"Wrongful incarceration" or "wrongfully incarcerated" means incarcerationfor a felony conviction for which (i) the conviction has been vacatedpursuant to Chapter 19.2 (§ 19.2-327.2 et seq.) or 19.3 (§ 19.2-327.10 etseq.) of Title 19.2, or the person incarcerated has been granted an absolutepardon for the commission of a crime that he did not commit, (ii) the personincarcerated must have entered a final plea of not guilty, or regardless ofthe plea, any person sentenced to death, or convicted of a Class 1 felony, aClass 2 felony, or any felony for which the maximum penalty is imprisonmentfor life, and (iii) the person incarcerated did not by any act or omission onhis part intentionally contribute to his conviction for the felony for whichhe was incarcerated.
§ 8.01-195.10. Purpose; action by the General Assembly required; definitions.
A. The purpose of this article is to provide directions and guidelines forthe compensation of persons who have been wrongfully incarcerated in theCommonwealth. Compensation for wrongful incarceration is governed by ArticleIV, Section 14 of the Constitution of Virginia, which prohibits the GeneralAssembly from granting relief in cases in which the courts or other tribunalsmay have jurisdiction and any individual seeking payment of state funds forwrongful incarceration shall be deemed to have waived all other claims. Thepayment and receipt of any compensation for wrongful incarceration shall becontingent upon the General Assembly appropriating funds for that purpose.This article shall not provide an entitlement to compensation for personswrongfully incarcerated or require the General Assembly to appropriate fundsfor the payment of such compensation. No estate of or personal representativefor a decedent shall be entitled to seek a claim for compensation forwrongful incarceration.
B. As used in this article:
"Incarceration" or "incarcerated" means confinement in a local orregional correctional facility, juvenile correctional center, statecorrectional facility, residential detention center, or facility operatedpursuant to the Corrections Private Management Act (§ 53.1-261 et seq.).
"Wrongful incarceration" or "wrongfully incarcerated" means incarcerationfor a felony conviction for which (i) the conviction has been vacatedpursuant to Chapter 19.2 (§ 19.2-327.2 et seq.) or 19.3 (§ 19.2-327.10 etseq.) of Title 19.2, or the person incarcerated has been granted an absolutepardon for the commission of a crime that he did not commit, (ii) the personincarcerated must have entered a final plea of not guilty, or regardless ofthe plea, any person sentenced to death, or convicted of a Class 1 felony, aClass 2 felony, or any felony for which the maximum penalty is imprisonmentfor life, and (iii) the person incarcerated did not by any act or omission onhis part intentionally contribute to his conviction for the felony for whichhe was incarcerated.
