{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-195.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-195.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-195.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-195.10.html"}],"law_id":78034,"edition_id":1,"section_id":78034,"structure_id":16098,"section_number":"8.01-195.10","catch_line":"Purpose; action by the General Assembly required; definitions","history":"2004, cc. 818, 840; 2010, cc. 496, 557; 2021, Sp. Sess. I, cc. 344, 345; 2022, cc. 572, 573; 2024, c. 396; 2025, c. 337.","full_text":"A\n\nThe purpose of this article is to provide directions and guidelines for the compensation of persons who have been wrongfully incarcerated in the Commonwealth. Compensation for wrongful incarceration is governed by Article IV, § 14 of the Constitution of Virginia, which prohibits the General Assembly from granting relief in cases in which the courts or other tribunals may have jurisdiction. No compensation shall be awarded under this article unless the recipient has executed a release and waiver pursuant to subsection B of § 8.01-195.12. The payment and receipt of any compensation for wrongful incarceration shall be contingent upon the General Assembly appropriating funds for that purpose. This article shall not provide an entitlement to compensation for persons wrongfully incarcerated or require the General Assembly to appropriate funds for the payment of such compensation.B\n\nAs used in this article:\n\t\t\t“Incarceration” or “incarcerated” means (i) confinement in a local or regional correctional facility, juvenile correctional center, state correctional facility, or residential detention center or (ii) confinement in a facility operated pursuant to the Corrections Private Services Act (§ 53.1-261 et seq.).\n\t\t\t“Wrongful incarceration” or “wrongfully incarcerated” means incarceration for a felony conviction for which the conviction has been vacated pursuant to Chapter 19.2 (§ 19.2-327.2 et seq.) or 19.3 (§ 19.2-327.10 et seq.) of Title 19.2, or the person incarcerated has been granted an absolute pardon for the commission of a crime that he did not commit.","order_by":null,"text":{"0":{"id":279769,"text":"The purpose of this article is to provide directions and guidelines for the compensation of persons who have been wrongfully incarcerated in the Commonwealth. Compensation for wrongful incarceration is governed by Article IV, § 14 of the Constitution of Virginia, which prohibits the General Assembly from granting relief in cases in which the courts or other tribunals may have jurisdiction. No compensation shall be awarded under this article unless the recipient has executed a release and waiver pursuant to subsection B of § 8.01-195.12. The payment and receipt of any compensation for wrongful incarceration shall be contingent upon the General Assembly appropriating funds for that purpose. This article shall not provide an entitlement to compensation for persons wrongfully incarcerated or require the General Assembly to appropriate funds for the payment of such compensation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":279770,"text":"As used in this article:\n\t\t\t“Incarceration” or “incarcerated” means (i) confinement in a local or regional correctional facility, juvenile correctional center, state correctional facility, or residential detention center or (ii) confinement in a facility operated pursuant to the Corrections Private Services Act (§ 53.1-261 et seq.).\n\t\t\t“Wrongful incarceration” or “wrongfully incarcerated” means incarceration for a felony conviction for which the conviction has been vacated pursuant to Chapter 19.2 (§ 19.2-327.2 et seq.) or 19.3 (§ 19.2-327.10 et seq.) of Title 19.2, or the person incarcerated has been granted an absolute pardon for the commission of a crime that he did not commit.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":16098,"edition_id":1,"name":"Compensation for Wrongful Incarceration for a Felony Conviction","identifier":"18.2","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 04:05:53","date_modified":"2026-06-26 04:05:53","permalink":{"id":280191,"object_type":"structure","relational_id":16098,"identifier":"18.2","token":"8.01\/3\/18.2","url":"\/8.01\/3\/18.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78034,"structure_id":16098,"section_number":"8.01-195.10","catch_line":"Purpose; action by the General Assembly required; definitions","url":"\/8.01-195.10\/","token":"8.01\/3\/18.2\/8.01-195.10","metadata":false},{"id":75576,"structure_id":16098,"section_number":"8.01-195.11","catch_line":"Compensation for wrongful incarceration","url":"\/8.01-195.11\/","token":"8.01\/3\/18.2\/8.01-195.11","metadata":false},{"id":81268,"structure_id":16098,"section_number":"8.01-195.12","catch_line":"Conditions for continued compensation","url":"\/8.01-195.12\/","token":"8.01\/3\/18.2\/8.01-195.12","metadata":false},{"id":63500,"structure_id":16098,"section_number":"8.01-195.13","catch_line":"Compensation for certain intentional acts","url":"\/8.01-195.13\/","token":"8.01\/3\/18.2\/8.01-195.13","metadata":false}],"next_section":{"id":75576,"structure_id":16098,"section_number":"8.01-195.11","catch_line":"Compensation for wrongful incarceration","url":"\/8.01-195.11\/","token":"8.01\/3\/18.2\/8.01-195.11","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-195.10\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapters 818<\/a> and 840<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2010, chapters 496<\/a> and 557<\/a>; in 2022, chapters 572<\/a> and 573<\/a>; in 2024, chapter 396<\/a>; in 2025, chapter 337<\/a>.<\/p>","references":[{"id":86162,"section_number":"20-108.1","catch_line":"Determination of child or spousal support","order_by":null,"url":"\/20-108.1\/"},{"id":81784,"section_number":"58.1-322.02","catch_line":"Virginia taxable income; subtractions","order_by":null,"url":"\/58.1-322.02\/"},{"id":60960,"section_number":"63.2-1918","catch_line":"Administrative establishment of obligations","order_by":null,"url":"\/63.2-1918\/"}],"refers_to":[{"id":84885,"section_number":"19.2-327.10","catch_line":"Issuance of writ of actual innocence based on nonbiological evidence","order_by":null,"url":"\/19.2-327.10\/"},{"id":81313,"section_number":"19.2-327.2","catch_line":"Issuance of writ of actual innocence based on biological evidence","order_by":null,"url":"\/19.2-327.2\/"},{"id":87276,"section_number":"53.1-261","catch_line":"Definitions","order_by":null,"url":"\/53.1-261\/"},{"id":81268,"section_number":"8.01-195.12","catch_line":"Conditions for continued compensation","order_by":null,"url":"\/8.01-195.12\/"}],"permalink":{"id":280193,"object_type":"law","relational_id":78034,"identifier":"8.01-195.10","token":"8.01\/3\/18.2\/8.01-195.10","url":"\/8.01-195.10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-195.10\/","token":"8.01\/3\/18.2\/8.01-195.10","dublin_core":{"Title":"Purpose; action by the General Assembly required; definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-195.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The purpose of this article is to provide directions and guidelines for the compensation of persons<\/span> who have been wrongfully incarcerated<\/span> in the Commonwealth. Compensation for wrongful incarceration<\/span> is governed by Article IV, § 14 of the Constitution of Virginia, which prohibits the General Assembly from granting relief in cases in which the courts<\/span> or other tribunals may have jurisdiction<\/span>. No compensation shall be awarded under this article unless the recipient has executed a release and waiver<\/span> pursuant to subsection B of § 8.01-195.12<\/a>. The payment and receipt of any compensation for wrongful incarceration<\/span> shall be contingent upon the General Assembly appropriating funds for that purpose. This article shall not provide an entitlement to compensation for persons<\/span> wrongfully incarcerated<\/span> or require the General Assembly to appropriate funds for the payment of such compensation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As used in this article:\n\t\t\t“Incarceration” or “incarcerated” means (i) confinement in a local or regional correctional facility, juvenile correctional center, state correctional facility, or residential detention center or (ii) confinement in a facility operated pursuant to the Corrections Private Services Act (§ 53.1-261<\/a> et seq.).\n\t\t\t“Wrongful incarceration<\/span>” or “wrongfully incarcerated<\/span>” means incarceration for a felony<\/span> conviction<\/span> for which the conviction<\/span> has been vacated pursuant to Chapter 19.2 (§ 19.2-327.2<\/a> et seq.) or 19.3 (§ 19.2-327.10<\/a> et seq.) of Title 19.2, or the person<\/span> incarcerated has been granted an absolute pardon<\/span> for the commission of a crime<\/span> that he did not commit. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPURPOSE; ACTION BY THE GENERAL ASSEMBLY REQUIRED; DEFINITIONS (\u00a7 8.01-195.10)\n\nA. The purpose of this article is to provide directions and guidelines for the\ncompensation of persons who have been wrongfully incarcerated in the\nCommonwealth. Compensation for wrongful incarceration is governed by Article IV,\n§ 14 of the Constitution of Virginia, which prohibits the General Assembly\nfrom granting relief in cases in which the courts or other tribunals may have\njurisdiction. No compensation shall be awarded under this article unless the\nrecipient has executed a release and waiver pursuant to subsection B of §\n8.01-195.12. The payment and receipt of any compensation for wrongful\nincarceration shall be contingent upon the General Assembly appropriating funds\nfor that purpose. This article shall not provide an entitlement to compensation\nfor persons wrongfully incarcerated or require the General Assembly to\nappropriate funds for the payment of such compensation.\n\nB. As used in this article:\n\t\t\t“Incarceration” or “incarcerated” means (i)\nconfinement in a local or regional correctional facility, juvenile correctional\ncenter, state correctional facility, or residential detention center or (ii)\nconfinement in a facility operated pursuant to the Corrections Private Services\nAct (§ 53.1-261 et seq.).\n\t\t\t“Wrongful incarceration” or “wrongfully incarcerated”\nmeans incarceration for a felony conviction for which the conviction has been\nvacated pursuant to Chapter 19.2 (§ 19.2-327.2 et seq.) or 19.3 (§\n19.2-327.10 et seq.) of Title 19.2, or the person incarcerated has been granted\nan absolute pardon for the commission of a crime that he did not commit.\n\nHISTORY: 2004, cc. 818, 840; 2010, cc. 496, 557; 2021, Sp. Sess. I, cc. 344,\n345; 2022, cc. 572, 573; 2024, c. 396; 2025, c. 337.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}