{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-195.11.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-195.11.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-195.11.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-195.11.html"}],"law_id":75576,"edition_id":1,"section_id":75576,"structure_id":16098,"section_number":"8.01-195.11","catch_line":"Compensation for wrongful incarceration","history":"2004, cc. 818, 840; 2010, c. 557; 2012, c. 675; 2014, c. 225; 2018, c. 302; 2020, cc. 326, 648; 2022, cc. 572, 573; 2024, c. 396; 2025, cc. 213, 369.","full_text":"A\n\n1. Any person who is convicted of a felony by a county or city circuit court of the Commonwealth and is wrongfully incarcerated for such felony may be awarded compensation for each year of incarceration, or portion thereof. The amount of compensation per year shall be $55,000, adjusted on July 1 of each fiscal year by the year-over-year percentage increase in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or any predecessor or successor index. Calculations made pursuant to this section shall be made by the State Treasurer and rounded up to the nearest dollar.2\n\nFor compensation awarded pursuant to this section on or after January 1, 2023, a wrongfully incarcerated person who is awarded compensation pursuant to subdivision 1 shall also receive not less than $30,000, adjusted on July 1 of each fiscal year by the year-over-year percentage increase in the Chained Consumer Price Index for all Urban Consumers (C-CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or any predecessor or successor index, for each year or fraction thereof (i) of imprisonment after being sentenced to death or (ii) that such person was required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 after release from incarceration.B\n\nAny compensation computed pursuant to subsection A and approved by the General Assembly shall be paid by the Comptroller by his warrant on the State Treasurer in favor of the person found to have been wrongfully incarcerated. The person wrongfully incarcerated shall be paid a lump sum.C\n\nIn addition to the compensation awarded pursuant to subsection A, the General Assembly shall pay to the person wrongfully incarcerated the amount of any unreimbursed fine, fee, court cost, or restitution imposed and paid and reasonable attorney fees and costs incurred to receive an award pursuant to this section. The wrongfully incarcerated person may also be awarded other nonmonetary relief sought, including counseling, housing assistance, employment assistance, health care and dental care, and personal financial literacy assistance, as appropriate.D\n\nAny person who is convicted of a felony by a county or city circuit court of the Commonwealth and is wrongfully incarcerated for such felony shall receive a transition assistance grant of $15,000 to be paid from the Criminal Fund, which amount shall be deducted from any award received pursuant to subsection B, within 30 days of receipt of the written request for the disbursement of the transition assistance grant to the Executive Secretary of the Supreme Court of Virginia. Payment of the transition assistance grant from the Criminal Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Secretary of the Supreme Court of Virginia. In addition, such person shall be entitled to receive reimbursement up to $10,000 for tuition for career and technical training within the Virginia Community College System contingent upon successful completion of the training. Reimbursement for tuition shall be provided by the comprehensive community college at which the career or technical training was completed.E\n\nIf an individual eligible for compensation and benefits under this section is deceased, the individual’s estate has standing to be compensated under this section.","order_by":null,"text":{"0":{"id":271480,"text":"1. Any person who is convicted of a felony by a county or city circuit court of the Commonwealth and is wrongfully incarcerated for such felony may be awarded compensation for each year of incarceration, or portion thereof. The amount of compensation per year shall be $55,000, adjusted on July 1 of each fiscal year by the year-over-year percentage increase in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or any predecessor or successor index. Calculations made pursuant to this section shall be made by the State Treasurer and rounded up to the nearest dollar.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":271481,"text":"For compensation awarded pursuant to this section on or after January 1, 2023, a wrongfully incarcerated person who is awarded compensation pursuant to subdivision 1 shall also receive not less than $30,000, adjusted on July 1 of each fiscal year by the year-over-year percentage increase in the Chained Consumer Price Index for all Urban Consumers (C-CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or any predecessor or successor index, for each year or fraction thereof (i) of imprisonment after being sentenced to death or (ii) that such person was required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 after release from incarceration.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"B"},"2":{"id":271482,"text":"Any compensation computed pursuant to subsection A and approved by the General Assembly shall be paid by the Comptroller by his warrant on the State Treasurer in favor of the person found to have been wrongfully incarcerated. The person wrongfully incarcerated shall be paid a lump sum.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"3":{"id":271483,"text":"In addition to the compensation awarded pursuant to subsection A, the General Assembly shall pay to the person wrongfully incarcerated the amount of any unreimbursed fine, fee, court cost, or restitution imposed and paid and reasonable attorney fees and costs incurred to receive an award pursuant to this section. The wrongfully incarcerated person may also be awarded other nonmonetary relief sought, including counseling, housing assistance, employment assistance, health care and dental care, and personal financial literacy assistance, as appropriate.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"4":{"id":271484,"text":"Any person who is convicted of a felony by a county or city circuit court of the Commonwealth and is wrongfully incarcerated for such felony shall receive a transition assistance grant of $15,000 to be paid from the Criminal Fund, which amount shall be deducted from any award received pursuant to subsection B, within 30 days of receipt of the written request for the disbursement of the transition assistance grant to the Executive Secretary of the Supreme Court of Virginia. Payment of the transition assistance grant from the Criminal Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Secretary of the Supreme Court of Virginia. In addition, such person shall be entitled to receive reimbursement up to $10,000 for tuition for career and technical training within the Virginia Community College System contingent upon successful completion of the training. Reimbursement for tuition shall be provided by the comprehensive community college at which the career or technical training was completed.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"5":{"id":271485,"text":"If an individual eligible for compensation and benefits under this section is deceased, the individual’s estate has standing to be compensated under this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-195.11\/","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 8 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, chapter 557<\/a>; in 2012, chapter 675<\/a>; in 2014, chapter 225<\/a>; in 2018, chapter 302<\/a>; in 2020, chapters 326<\/a> and 648<\/a>; in 2022, chapters 572<\/a> and 573<\/a>; in 2024, chapter 396<\/a>; in 2025, chapters 213<\/a> and 369<\/a>.<\/p>","references":[{"id":81268,"section_number":"8.01-195.12","catch_line":"Conditions for continued compensation","order_by":null,"url":"\/8.01-195.12\/"},{"id":63500,"section_number":"8.01-195.13","catch_line":"Compensation for certain intentional acts","order_by":null,"url":"\/8.01-195.13\/"}],"refers_to":[{"id":69731,"section_number":"9.1-900","catch_line":"Purpose of the Sex Offender and Crimes Against Minors Registry","order_by":null,"url":"\/9.1-900\/"}],"permalink":{"id":280197,"object_type":"law","relational_id":75576,"identifier":"8.01-195.11","token":"8.01\/3\/18.2\/8.01-195.11","url":"\/8.01-195.11\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-195.11\/","token":"8.01\/3\/18.2\/8.01-195.11","dublin_core":{"Title":"Compensation for wrongful incarceration","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-195.11","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. Any person<\/span> who is convicted of a felony<\/span> by a county or city circuit<\/span> court<\/span> of the Commonwealth and is wrongfully incarcerated for such felony<\/span> may be awarded compensation for each year of incarceration, or portion thereof. The amount of compensation per year shall be $55,000, adjusted on July 1 of each fiscal year by the year-over-year percentage increase in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or any predecessor or successor index. Calculations made pursuant to this section shall be made by the State Treasurer and rounded up to the nearest dollar. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For compensation awarded pursuant to this section on or after January 1, 2023, a wrongfully incarcerated person<\/span> who is awarded compensation pursuant to subdivision 1 shall also receive not less than $30,000, adjusted on July 1 of each fiscal year by the year-over-year percentage increase in the Chained Consumer Price Index for all Urban Consumers (C-CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or any predecessor or successor index, for each year or fraction thereof (i) of imprisonment after being sentenced to death or (ii) that such person<\/span> was required to register with the Sex Offender and Crimes<\/span> Against Minors<\/span> Registry pursuant to Chapter 9 (§ 9.1-900<\/a> et seq.) of Title 9.1 after release from incarceration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any compensation computed pursuant to subsection A and approved by the General Assembly shall be paid by the Comptroller by his warrant on the State Treasurer in favor of the person<\/span> found to have been wrongfully incarcerated. The person<\/span> wrongfully incarcerated shall be paid a lump sum. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In addition to the compensation awarded pursuant to subsection A, the General Assembly shall pay to the person<\/span> wrongfully incarcerated the amount of any unreimbursed fine, fee, court<\/span> cost, or restitution<\/span> imposed and paid and reasonable attorney fees and costs incurred to receive an award pursuant to this section. The wrongfully incarcerated person<\/span> may also be awarded other nonmonetary relief sought, including counseling, housing assistance, employment assistance, health care and dental care, and personal financial literacy assistance, as appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person<\/span> who is convicted of a felony<\/span> by a county or city circuit<\/span> court<\/span> of the Commonwealth and is wrongfully incarcerated for such felony<\/span> shall receive a transition assistance grant of $15,000 to be paid from the Criminal Fund, which amount shall be deducted from any award received pursuant to subsection B, within 30 days of receipt of the written request for the disbursement of the transition assistance grant to the Executive Secretary of the Supreme Court<\/span> of Virginia. Payment of the transition assistance grant from the Criminal Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Secretary of the Supreme Court<\/span> of Virginia. In addition, such person<\/span> shall be entitled to receive reimbursement up to $10,000 for tuition for career and technical training within the Virginia Community College System contingent upon successful completion of the training. Reimbursement for tuition shall be provided by the comprehensive community college at which the career or technical training was completed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If an individual eligible for compensation and benefits under this section is deceased, the individual’s estate has standing to be compensated under this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPENSATION FOR WRONGFUL INCARCERATION (\u00a7 8.01-195.11)\n\nA. 1. Any person who is convicted of a felony by a county or city circuit court\nof the Commonwealth and is wrongfully incarcerated for such felony may be\nawarded compensation for each year of incarceration, or portion thereof. The\namount of compensation per year shall be $55,000, adjusted on July 1 of each\nfiscal year by the year-over-year percentage increase in the Chained Consumer\nPrice Index for All Urban Consumers (C-CPI-U), as published by the Bureau of\nLabor Statistics of the U.S. Department of Labor, or any predecessor or\nsuccessor index. Calculations made pursuant to this section shall be made by the\nState Treasurer and rounded up to the nearest dollar.\n\n 2. For compensation awarded pursuant to this section on or after January 1,\n 2023, a wrongfully incarcerated person who is awarded compensation pursuant to\n subdivision 1 shall also receive not less than $30,000, adjusted on July 1 of\n each fiscal year by the year-over-year percentage increase in the Chained\n Consumer Price Index for all Urban Consumers (C-CPI-U), as published by the\n Bureau of Labor Statistics of the U.S. Department of Labor, or any predecessor\n or successor index, for each year or fraction thereof (i) of imprisonment\n after being sentenced to death or (ii) that such person was required to\n register with the Sex Offender and Crimes Against Minors Registry pursuant to\n Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 after release from\n incarceration.\n\nB. Any compensation computed pursuant to subsection A and approved by the\nGeneral Assembly shall be paid by the Comptroller by his warrant on the State\nTreasurer in favor of the person found to have been wrongfully incarcerated. The\nperson wrongfully incarcerated shall be paid a lump sum.\n\nC. In addition to the compensation awarded pursuant to subsection A, the General\nAssembly shall pay to the person wrongfully incarcerated the amount of any\nunreimbursed fine, fee, court cost, or restitution imposed and paid and\nreasonable attorney fees and costs incurred to receive an award pursuant to this\nsection. The wrongfully incarcerated person may also be awarded other\nnonmonetary relief sought, including counseling, housing assistance, employment\nassistance, health care and dental care, and personal financial literacy\nassistance, as appropriate.\n\nD. Any person who is convicted of a felony by a county or city circuit court of\nthe Commonwealth and is wrongfully incarcerated for such felony shall receive a\ntransition assistance grant of $15,000 to be paid from the Criminal Fund, which\namount shall be deducted from any award received pursuant to subsection B,\nwithin 30 days of receipt of the written request for the disbursement of the\ntransition assistance grant to the Executive Secretary of the Supreme Court of\nVirginia. Payment of the transition assistance grant from the Criminal Fund\nshall be made by the State Treasurer on warrants issued by the Comptroller upon\nwritten request signed by the Executive Secretary of the Supreme Court of\nVirginia. In addition, such person shall be entitled to receive reimbursement up\nto $10,000 for tuition for career and technical training within the Virginia\nCommunity College System contingent upon successful completion of the training.\nReimbursement for tuition shall be provided by the comprehensive community\ncollege at which the career or technical training was completed.\n\nE. If an individual eligible for compensation and benefits under this section is\ndeceased, the individual’s estate has standing to be compensated under\nthis section.\n\nHISTORY: 2004, cc. 818, 840; 2010, c. 557; 2012, c. 675; 2014, c. 225; 2018, c.\n302; 2020, cc. 326, 648; 2022, cc. 572, 573; 2024, c. 396; 2025, cc. 213, 369.","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}}