2021 Indiana Code
Title 5. State and Local Administration
Article 2. Law Enforcement
Chapter 23. Restitution for Wrongfully Incarcerated Persons
5-2-23-8. Procedure for Seeking Compensation; Eligibility; Role of Indiana Criminal Justice Agency

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 from the date the:

(A) judgment vacating, reversing, or setting aside the person's conviction becomes final; or

(B) governor pardons the person;

whichever is later. An applicant shall submit additional evidence to the criminal justice institute upon request by the criminal justice institute.

(b) An applicant must demonstrate the following in any application submitted to the criminal justice institute:

(1) The applicant's eligibility for compensation under this chapter as described in this chapter.

(2) The applicant's compliance with any rules promulgated or required by the criminal justice institute pursuant to section 9 of this chapter.

(c) Upon receipt of:

(1) a completed application; and

(2) any additional evidence required by the criminal justice institute;

the criminal justice institute shall evaluate, investigate, and make a determination with respect to an applicant's claim.

(d) If, at the conclusion of an investigation performed pursuant to subsection (c), the criminal justice institute determines that the applicant qualifies for compensation under this chapter, the criminal justice institute shall pay any compensation due to the applicant, subject to the requirements of subsections (e) and (f).

(e) This subsection applies to any application or compensation owed, regardless of when the application was initially submitted or a payment of the compensation was initially made. The criminal justice institute may not pay, or continue to pay, compensation to an applicant who:

(1) has received an award for restitution or damages described in section 1 of this chapter in connection with the conviction;

(2) has a pending case that might result in an award for restitution or damages described in section 1 of this chapter with respect to the conviction;

(3) has not executed the waiver described in section 4 of this chapter;

(4) is serving a term of imprisonment for a crime other than a crime for which the individual was wrongfully incarcerated; or

(5) is serving a term of imprisonment after the revocation of parole or probation for a crime other than a crime for which the individual was wrongfully incarcerated.

However, after a term of imprisonment described in subdivision (4) or (5) has concluded, the criminal justice institute shall resume paying compensation to the individual.

(f) The criminal justice institute may only pay compensation to the individual who was wrongfully incarcerated or, on behalf of the individual, to the individual's guardian. The criminal justice institute may not pay compensation to:

(1) the estate of;

(2) a fiduciary of;

(3) a trust on behalf of; or

(4) an assignee of;

the wrongfully incarcerated individual.

As added by P.L.165-2019, SEC.1. Amended by P.L.165-2021, SEC.60.