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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>75576</law_id><section_number>8.01-195.11</section_number><catch_line>Compensation for wrongful incarceration</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>8.01-195.12</reference><reference>8.01-195.13</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="8.01">Civil Remedies and Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="3">Actions</unit><unit label="article" level="3" order_by="1" identifier="18.2">Compensation for Wrongful Incarceration for a Felony Conviction</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> 1.  Any <span class="dictionary">person</span> who is convicted of a <span class="dictionary">felony</span> by a county or city <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the Commonwealth and is wrongfully incarcerated for such <span class="dictionary">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. <a id="paragraph-271480" class="section-permalink" href="https://vacode.org/8.01-195.11/#A"><i class="fa fa-link"/></a></p></section>
						<section id="A2" class="indent-1"><p><span class="prefix-number">2.</span> For compensation awarded pursuant to this section on or after January 1, 2023, a wrongfully incarcerated <span class="dictionary">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 <span class="dictionary">person</span> was required to register with the Sex Offender and <span class="dictionary">Crimes</span> Against <span class="dictionary">Minors</span> Registry pursuant to Chapter 9 (&#xA7; <a class="law" title="Purpose of the Sex Offender and Crimes Against Minors Registry" href="/9.1-900/">9.1-900</a> et seq.) of Title 9.1 after release from incarceration. <a id="paragraph-271481" class="section-permalink" href="https://vacode.org/8.01-195.11/#A2"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">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 <span class="dictionary">person</span> found to have been wrongfully incarcerated. The <span class="dictionary">person</span> wrongfully incarcerated shall be paid a lump sum. <a id="paragraph-271482" class="section-permalink" href="https://vacode.org/8.01-195.11/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> In addition to the compensation awarded pursuant to subsection A, the General Assembly shall pay to the <span class="dictionary">person</span> wrongfully incarcerated the amount of any unreimbursed fine, fee, <span class="dictionary">court</span> cost, or <span class="dictionary">restitution</span> imposed and paid and reasonable attorney fees and costs incurred to receive an award pursuant to this section. The wrongfully incarcerated <span class="dictionary">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. <a id="paragraph-271483" class="section-permalink" href="https://vacode.org/8.01-195.11/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> Any <span class="dictionary">person</span> who is convicted of a <span class="dictionary">felony</span> by a county or city <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the Commonwealth and is wrongfully incarcerated for such <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">Court</span> of Virginia. In addition, such <span class="dictionary">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. <a id="paragraph-271484" class="section-permalink" href="https://vacode.org/8.01-195.11/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> If an individual eligible for compensation and benefits under this section is deceased, the individual&#x2019;s estate has standing to be compensated under this section. <a id="paragraph-271485" class="section-permalink" href="https://vacode.org/8.01-195.11/#E"><i class="fa fa-link"/></a></p></section></text><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.</history><metadata></metadata></law>
