                                 CODE OF VIRGINIA

COMPENSATION FOR WRONGFUL INCARCERATION (§ 8.01-195.11)

A. 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.

   2. 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 (&#xA7; 9.1-900 et seq.) of Title 9.1 after release from
   incarceration.

B. 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.

C. 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.

D. 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.

E. If an individual eligible for compensation and benefits under this section is
deceased, the individual&#8217;s estate has standing to be compensated under
this section.

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.