Title 12
Criminal Procedure

Chapter 33
Claims for Wrongful Conviction and Imprisonment

§ 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 of the sentence; and

(i) Claimant has been pardoned for the crime or crimes upon which claimant was sentenced, and that are the grounds for the complaint; or

(ii) Claimant’s judgment of conviction was reversed or vacated for reasons other than the ineffective assistance of counsel and the accusatory instrument was dismissed; and

(2) Claimant did not commit any of the crimes charged in the accusatory instrument; and

(3) Claimant did not commit or suborn perjury, or fabricate evidence, to cause or bring about claimant’s own conviction.

(4) Neither a confession nor an admission later found to be false or a guilty plea shall constitute committing or suborning perjury, fabricating evidence, or causing or bringing about the conviction under this subsection.

(b) If the court finds that the claimant was wrongfully convicted and incarcerated pursuant to this section the court shall grant:

(1) An award for wrongful conviction and incarceration calculated at fifty thousand dollars ($50,000) at the time of release and paid for each year served in a correctional facility. For incarceration of less than a year, this amount shall be prorated to one three hundred sixty fifth’s (1/365) of fifty thousand dollars ($50,000) for every day served. The award may be expanded to include, at the discretion of the court, in the interest of justice:

(i) Release from any child support payments owed the state by the claimant that became due, and interest on child support arrearages that accrued, during the time served in prison but were not paid as well as reasonable attorneys’ fees where legal proceedings are required to remedy outstanding obligations resulting from an order to pay child support;

(ii) Access to and eligibility for any services provided by the state for offenders who have been adjudicated by the courts and are residing in the community. Coordination of these services shall be through the department of probation and parole;

(iii) Reasonable attorneys’ fees for bringing a claim under this chapter, not to exceed fifteen thousand dollars ($15,000). Any such fees granted shall not be deducted from the compensation due to the claimant, nor is counsel entitled to receive additional fees from the client.

(c) No damages or amounts awarded pursuant to this chapter shall be subject to:

(1) Any cap or limit that may be applicable to private parties in civil lawsuits;

(2) Any taxes, except for those portions of the judgment awarded as attorneys’ fees for bringing a claim under this chapter; or

(3) Treatment as gross income to a claimant under the provisions of title 44.

(d) The claimant shall not receive compensation for any period of incarceration during which the claimant was concurrently serving a sentence for a conviction of another crime for which the claimant was lawfully incarcerated.

(e) The acceptance by a claimant of any such award, compromise, or settlement shall:

(1) Be memorialized in writing, which shall include a provision, signed by the claimant, voluntarily relinquishing any and all rights to pursue any other action or remedy at law or in equity that such person may have arising out of such wrongful conviction and incarceration;

(2) Except when procured by fraud, be final and conclusive on the claimant.

(f) The court shall, upon determining that the claimant is entitled to compensation under this chapter, forward to the general treasurer an inventory and description of the award, including any attorneys’ fees awarded, for disbursement.

(g)(1) If at the time of the judgment entry referred to in subsection (b) of this section, the claimant has won a monetary award on or after the effective date of this statute [July 8, 2021] as the result of a federal civil rights lawsuit under federal statute 42 U.S.C. § 1983, the amount of the award in the action or the amount received in the settlement agreement, less any sums paid to attorneys or for costs litigating the other civil action or obtaining the settlement agreement, shall be deducted from the sum of money to which the claimant is entitled under this section.

(2) If subsection (g)(1) of this section does not apply and if, after the time of the judgment entry referred to in subsection (b) of this section, the claimant wins a monetary award as the result of a federal civil rights lawsuit under federal statute 42 U.S.C. § 1983, the claimant shall reimburse the state for the sum of money paid under the judgment entry referred to in subsection (b) of this section, less any sums paid to attorneys or for costs in litigation of the other civil action or obtaining the settlement agreement. A reimbursement required under this subsection shall not exceed the amount of the monetary award the claimant wins for damages in the other civil action or the amount received in the settlement agreement.