2006 Code of Virginia § 8.01-195.11 - Compensation for wrongful incarceration

8.01-195.11. Compensation for wrongful incarceration.

A. Any person who is convicted of a felony by a county or city circuit courtof the Commonwealth and is wrongfully incarcerated for such felony may beawarded compensation in an amount equal to 90 percent of the Virginia percapita personal income as reported by the Bureau of Economic Analysis of theUnited States Department of Commerce for each year, or portion thereof, ofincarceration up to 20 years.

B. Any compensation computed pursuant to subsection A and approved by theGeneral Assembly shall be paid by the Comptroller by his warrant on the StateTreasurer in favor of the person found to have been wrongfully incarcerated.The person wrongfully incarcerated shall be paid an initial lump sum equal to20 percent of the compensation award with the remaining 80 percent of theprincipal of the compensation award to be used by the State Treasurer topurchase an annuity from any A+ rated company, including any A+ rated companyfrom which the State Lottery Department may purchase an annuity, to provideequal monthly payments to such person for a period certain of 25 yearscommencing no later than one year after the effective date of theappropriation. The annuity shall provide that it shall not be sold,discounted, or used as securitization for loans and mortgages by the personawarded compensation. The annuity shall, however, contain beneficiaryprovisions providing for the annuity's continued disbursement in the event ofthe death of the person awarded compensation. All payments or costs ofannuities under this section shall be made by check issued by the StateTreasurer on warrant of the Comptroller.

C. Any person who is convicted of a felony by a county or city circuit courtof the Commonwealth and is wrongfully incarcerated for such felony shallreceive a transition assistance grant of $15,000 to be paid from the CriminalFund, which amount shall be deducted from any award received pursuant tosubsection B. In addition, such person shall be entitled to receivereimbursement up to $10,000 for tuition for career and technical trainingwithin the Virginia community college system contingent upon successfulcompletion of the training. Reimbursement for tuition shall be provided bythe community college at which the career or technical training was completed.

(2004, cc. 818, 840.)