COMPENSATION STATUTES STAT E STATUTE WHEN PASSED ELIGIBILITY STANDAR D OF PROOF AL Ala.Code 1975 § 29-2-150, et seq. 2001 Conviction vacated or reversed and the charges dismissed on grounds consistent with innocence Not specified CA Cal Penal Code §§ 4900 to 4906; § Amended 2000; 2006; 2009; 2013; 2015 Pardon for innocence or being “innocent”; declaration of factual innocence Not specified WHO DECIDES TIME LIMITS FOR FILING MAXIMUM AWARDS State Division 2 years after Minimum of of Risk exoneration $50,000 for Management or dismissal each year of and the incarceration, Committee on Committee Compensation on for Wrongful Compensatio Incarceration n for Wrongful Incarceration can recommend discretionary amount in addition to base, but legislature must appropriate any funds California 2 years after $140 per day Victim judgment of of Compensation acquittal or incarceration and discharge Government given, or Claims Board after pardon makes a granted, recommendati after release on to the from legislature imprisonmen t, from release from custody 1 OTHER AWARDS FUTURE CIVIL LITIGATION CONTRIBUTORY PROVISIONS Not specified Not specified A new felony conviction will end a claimant’s right to compensation Not specified Not specified Requires the board to deny a claim if the board finds by a preponderance of the evidence that a claimant pled guilty with the specific intent to protect another from prosecution for the underlying conviction for which the claimant is seeking compensation. Indemnification for Unjust Conviction 2 STAT E STATUTE WHEN PASSED ELIGIBILITY STANDAR D OF PROOF WHO DECIDES TIME LIMITS FOR FILING MAXIMUM AWARDS CO C.R.S.A. § 13-65101, et seq.; 2013 Requires the state compensate a person, or the immediate family members of a person, who has been: 1) wrongly convicted of a felony, or wrongly adjudicated as juvenile delinquent for the commission of an offense that would be a felony if committed by a person 18 years of age or older; 2) incarcerated; and 3) exonerated and found to be actually innocent. A person who is eligible to seek compensation from the state as an exonerated person, or the immediate family members of such a person, may petition a district court for an order declaring the person to be actually innocent and eligible to receive an Clear and convincing District Court in the county in which the case originated. 2 years after exoneration or dismissal Colorado inmates will receive $70,000 for each year wrongfully incarcerated, an additional $50,000 for each year on death row, and other assistance in the form of tuition waivers and healthcare from the state of Colorado. An additional $25,000 for each year that he or she served on parole, on probation, or as a registered sex offender after a period of incarceration. OTHER AWARDS FUTURE CIVIL LITIGATION CONTRIBUTORY PROVISIONS On or before Not Specified A claimant cannot September 1, be compensated for 2013, the those years when commission he or she was shall concurrently implement a serving a sentence policy whereby, for an unrelated except as offense. limited in this section, each In each year in institution of which an higher exonerated person education in receives any the states shall annual payment waive all from the state tuition costs, court including any administrator, the mandatory fees exonerated associated with person's annual attendance at payment shall be the institution, reduced by ten for an thousand dollars if exonerated the exonerated persons and for person fails to children of an present to the state exonerated court administrator person or a policy or custodial child certificate showing of an that the exonerated exonerated person has person, as purchased or defined in otherwise acquired section a qualified health plan for himself or herself and his or her dependents that is valid for at least six months. Indemnification for Unjust Conviction 3 STAT E STATUTE WHEN PASSED ELIGIBILITY STANDAR D OF PROOF WHO DECIDES TIME LIMITS FOR FILING MAXIMUM AWARDS CT CT ST 54-102uu 2008 Pardon, or conviction vacated, or reversed, and the charges dismissed on grounds consistent with innocence Prepondera Claims 2 years from nce of the Commissioner date of evidence pardon or dismissal Amount per year is calculated based on anywhere between 75200% of the median CT household income. DC DC ST § 2-421, et seq. 1981 FL FL ST 961.01, et seq. 2008; many amendment s, last in 2013, and 2014 (HB 227) Pardon for Clear and Civil Court innocence or convincing conviction reversed or set aside on the ground that claimant is not guilty. Certification by If Trial court – Initially, $50,000 per prosecuting prosecuting can consider petitioner year, adjusted authority that authority claim even if must file for for COL petitioner is does not prosecuting a declaration increases innocent, that certify, authority does of wrongful (cap of $2 no further admin. law not certify conviction. million) court criminal judge must innocence. After July, costs and proceeding will find Claim would 2008, reasonable be initiated, no innocence then be sent petitioner attorneys’ questions of by clear to admin. law must file fees fact remain, and judge for w/in 90 days and petitioner convincing factual after order is eligible for determination vacating compensation of innocence, conviction. and trial Prior to July judge could 08, by July 1, adapt findings 2010. or not Then must file for compensatio n w/in 2 years from declaratio n. OTHER AWARDS FUTURE CIVIL LITIGATION Commissioner Permits may order payment for job training, counseling, tuition at state school, and any other services such person may need to facilitate such person's reintegration into the community Not specified No maximum Not specified Not specified No punitive damages 120 hours of tuition at a career center, community college or state university; and any fines or costs imposed at sentence; Bars CONTRIBUTORY PROVISIONS Not specified Claimant must show that he did not, by his misconduct, bring about the prosecution, and he must not have pled guilty Must not have been convicted of a felony before or during the wrongful incarceration Indemnification for Unjust Conviction 4 STAT E STATUTE WHEN PASSED ELIGIBILITY STANDAR D OF PROOF WHO DECIDES IL Ill Rev Stat ch. 705 § 505/1, et. Seq. 1945; many amendment s, last in 2009, and 2011 (SB 389) Pardon for innocence or certificate of innocence Prepondera nce of the evidence Court of Claims TIME LIMITS FOR FILING MAXIMUM AWARDS OTHER AWARDS FUTURE CIVIL LITIGATION 2 years after IL ST CH 20 § Not specified 5 yrs., the person 1015/2 $85,350 max, asserting provides that 14 yrs., such claim is the wrongfully $170,000 either issued accused receive max, a certificate job search and 14 yrs., of innocence placement $199,150 as provided services, max, with in Section 2including COLA 702 of the assessment, increase Code of Civil resume Procedure, assistance, or is granted interview a pardon by preparation, the Governor, occupational whichever and labor occurs later market information, referral to employers with job openings *NOTE SB 389 (enacted 2011) requires the Department of Human Services to establish a reentry services program to assist for the wrongfully convicted in obtaining mental health services CONTRIBUTORY PROVISIONS Not specified Indemnification for Unjust Conviction 5 STAT E STATUTE WHEN PASSED HI HB1046 HD2 SD2 CDl 2016 ELIGIBILITY Conviction reversed or vacated on actual innocence grounds or Pardoned on actual innocence grounds STANDAR D OF PROOF WHO DECIDES TIME LIMITS FOR FILING MAXIMUM AWARDS Prepondera nce of the evidence Circuit court where petitioner lives or the circuit court for the first circuit (if petitioner lives out of state). 2 years $50,000 per year, with a maximum of an additional $100,000 for special circumstance s and $10,000 for attorney’s fees. OTHER AWARDS FUTURE CIVIL LITIGATION CONTRIBUTORY PROVISIONS Bars A claimant cannot be compensated for those years when he or she was concurrently serving a sentence for an unrelated offense, or if the state proves by a preponderance of the evidence that the petitioner conspired, attempted, solicited, or assisted in the commission of the crime. Indemnification for Unjust Conviction 6 STAT E STATUTE WHEN PASSED ELIGIBILITY STANDAR D OF PROOF WHO DECIDES TIME LIMITS FOR FILING MAXIMUM AWARDS OTHER AWARDS FUTURE CIVIL LITIGATION CONTRIBUTORY PROVISIONS IA Iowa Code Ann. § 663A.1 1997 Conviction vacated or reversed and charges dismissed Clear and Convincing District Court for liability; State Appeal Board or Civil Ct. for Damages 2 years $50 per day and attorneys’ fees lost wages up to $25,000 per year Claimant must not have pled guilty LA R.S.15:572.8 and Code Civ. Pro. Art. 87 (amended by HB 285) 2005; amd. 2011 Conviction reversed or vacated, and petitioner “has proven” factual innocence Clear and Convincing 19th Judicial District Court trial by judge alone. 2 years from vacatur of conviction or for cases pending when statue was passed (i.e. by September 2007) $25,000 per year; with a maximum award of $250,000 Court may award costs of job/skills training for three years, and medically necessary medical and counseling services for six years; as well as tuition expenses at a community college or unit of the state university system –at a cost of not more than $80,000 Does not preclude any action based on any negligent or wrongful acts or omissions which arose during the period of the wrongful imprisonment , but which are not related to the facts and circumstance s underlying the conviction or proceedings to obtain relief from the conviction. Permits Not specified Indemnification for Unjust Conviction 7 STAT E STATUTE WHEN PASSED ELIGIBILITY STANDAR D OF PROOF WHO DECIDES TIME LIMITS FOR FILING MA Ann L. MA. Gen’l Laws, Chapter 258D § 1-9 2004 Pardon or conviction reversed and charges dismissed on grounds consistent with innocence or case tried to acquittal Clear and convincing Superior Court in the county where the claimant was convicted or in Suffolk County 2 years ME 14 Me Rev Stat Ann § 8241-8244 1993 Pardon for innocence Clear and convincing Superior Court MD Md State Fin & Proc § 10-501 1999; amd. 2003 Pardon stating that the individual's conviction has been shown conclusively to be in error Not specified Board of Public Works FUTURE CIVIL LITIGATION CONTRIBUTORY PROVISIONS A maximum of Court may Permits $500,000 may order services – be awarded physical and/or No punitive emotional, or exemplary educational damages services at any state of community college (50 % reduction of the tuition and fees applicable to such services at said institutions), and expungement of the record of conviction 2 years from $300,000 Not specified Not specified pardon no punitive or exemplary damages Claimant cannot have pled guilty, unless such plea was withdrawn, vacated or nullified by operation of law Not specified MAXIMUM AWARDS Actual damages OTHER AWARDS Not specified Not specified Not specified Not specified Indemnification for Unjust Conviction 8 STAT E STATUTE WHEN PASSED ELIGIBILITY STANDAR D OF PROOF MN M.S.A. § 590.11 & § 611.362, et seq. 2014 MS MS ST § 11-44-1, et seq. 2009 Pardon based on the innocence or conviction was vacated and/or reversed MO V.A.M.S. 650.058 2006 Person must be DNA determined to evidence be ‘actually must innocent’ demonstrat only by DNA e innocence evidence WHO DECIDES TIME LIMITS FOR FILING Court vacated Prepondera Compensation Within 2 or reversed nce of the Panel years, but no conviction on evidence less than 60 grounds days after consistent with the petitioner innocence and is charges exonerated. dismissed; Persons claimant found exonerated not guilty or before the had charges effective date dismissed at of new trial; or the this act must time for appeal commence of the order an action resulting in within two exoneration has years of its expired or the effective order has been date. affirmed and is final. Prepondera nce of the evidence MAXIMUM AWARDS OTHER AWARDS FUTURE CIVIL LITIGATION CONTRIBUTORY PROVISIONS Minimum of $50,000 ($100,000 max.) per year, and minimum of $25,000 ($50,000 max.) per year served on parole, probation, or as a registered sex offender as compensation . Compensation also includes reasonable attorney fees. Award may also include reimbursement for: (1) economic damages, associated with the claimant's criminal defense; (2) reimbursement for medical and dental expenses; (3) noneconomic damages; (4) tuition and fees associate with education at public four year college; (5) paid or unpaid child support payments; (6) costs of immediate services upon exoneration and release. Not specified Likely permit; Any award of damages to such person in an action against the State or any political subdivision thereof or against any employee of the State or any political subdivision thereof with respect to the same subject matter shall be offset by any award of damages awarded under this act. Not specified Likely permit against municipalitie s Not specified Not specified Bars Not specified Circuit court of the county in which the claimant was convicted 3 years $50,000 per year; $500,000 cap; reasonable attorney’s fees Sentencing court 1 year from release from confinement – after August 28, 2003 $50 per day of postconviction confinement Indemnification for Unjust Conviction 9 STAT E STATUTE WHEN PASSED ELIGIBILITY STANDAR D OF PROOF MT Mont. Code Ann. § 53-1-214 2003 Judgment of conviction was overturned by a court based on the results of postconviction forensic DNA testing that exonerates the person of the crime for which the person was convicted Not specified (reliant upon eligibility finding) NE NE ST 29-4601, et seq. 2009 Board of Pardons has pardoned the claimant, a court has vacated the conviction of the claimant, or that the conviction was reversed and remanded for a new trial and no subsequent conviction was obtained Clear and convincing WHO DECIDES TIME LIMITS FOR FILING MAXIMUM AWARDS Funds to be The privilege Provides appropriated of receiving educational by the aid under this aid legislature section (expenses for remains tuition, fees, active for 10 books, board, years after and room at the release of any MT a person community college, unit of the MT university system, or accredited MT tribally controlled community college) Not specified Not specified $500,000 cap OTHER AWARDS FUTURE CIVIL LITIGATION CONTRIBUTORY PROVISIONS Not specified Not specified Not specified Not specified Likely permit against municipalitie s That he or she did not commit or suborn perjury, fabricate evidence, or otherwise make a false statement to cause or bring about such conviction or the conviction of another, with respect to the crime or crimes under subdivision (1) of this section, except that a guilty plea, a confession, or an admission, coerced by law enforcement and later found to be false, does not constitute bringing about his or her own conviction of such crime or crimes Indemnification for Unjust Conviction 10 STAT E STATUTE WHEN PASSED ELIGIBILITY NH NH Stat § 541B:14 1977, amd. most recently 2007 “Found innocent” NJ NJ Stat Ann §§ 52:4C-1 to 4C-7 1997; amd, 2013 NY NY Ct. of Claims Act § 8-b 1984, amd. 2007 STANDAR D OF PROOF Board must find by majority vote that claim is “justified” Notwithstandin Clear and g the provisions convincing of any other law, any person convicted and subsequently imprisoned for one or more crimes which he did not commit. Pardon or conviction reversed and charges dismissed on grounds consistent with innocence or case tried to acquittal Clear and convincing WHO DECIDES TIME LIMITS FOR FILING MAXIMUM AWARDS OTHER AWARDS FUTURE CIVIL LITIGATION CONTRIBUTORY PROVISIONS Board of Claims 3 years $20,000 cap Not specified Likely permit against municipalitie s Not specified Superior Court 2 years from release or pardon Non-monetary relief (as sought in the complaint) Likely permit: b. Any award of damages to such person in an action against the State or any political subdivision thereof or against any employee of the State or any political subdivision thereof with respect to the same subject matter shall be offset by any award of damages awarded under this act. Claimant did not, commit or suborn perjury, fabricate evidence, by his own conduct cause or bring about his conviction, or plead guilty. Neither a confession or admission later found to be false constitutes committing or suborning perjury, fabricating evidence, or causing or bringing about his conviction under this subsection; and he did not do the crime for which he was convicted. Court of Claims 2 years Twice the amount of claimant’s income in the year prior to incarceration or 50K per year of incarceration, whichever is greater, (if damages exceed $1 million the court may order that the award be paid as an annuity with a payout over a maximum period of 20 years), reasonable attorney fees, costs related to the litigation. Not be subject to treatment as gross income No limit Not specified Not specified Claimant did not by his own conduct cause or bring about the conviction Indemnification for Unjust Conviction 11 STAT E STATUTE WHEN PASSED ELIGIBILITY STANDAR D OF PROOF WHO DECIDES TIME LIMITS FOR FILING NC NC Gen Stat §§ 148-82 to 148-84 1947; amd.2008 Pardon for innocence Not specified Industrial Commission makes a recommendati on to Governor 5 years MAXIMUM AWARDS OTHER AWARDS FUTURE CIVIL LITIGATION $50,000 each Award may Not specified year also include job Max. of skills training $750,000 for at least one year and tuition reimbursement at any NC community college or constitution institution of the University of NC (claimants are also entitled to assistance in meeting any admissions standards, including satisfying requirements for completion of secondary education) CONTRIBUTORY PROVISIONS Not specified Indemnification for Unjust Conviction 12 STAT E STATUTE WHEN PASSED ELIGIBILITY STANDAR D OF PROOF WHO DECIDES TIME LIMITS FOR FILING OH Ohio Rev Code Ann § 2305.02 & § 2743.48 1986; amd. 2002, 2010 Conviction vacated or reversed and charges dismissed Prepondera nce of evidence; Walden v. State, 547 N.E.2d 962 Court of Common Pleas for liability; Court of Claims for damages 2 years MAXIMUM AWARDS OTHER AWARDS FUTURE CIVIL LITIGATION CONTRIBUTORY PROVISIONS $40,330 per Within sixty Not specified year, (or amt. days after the determined date of the by state entry of a court auditor) in of common addition to plea's lost wages, determination costs, and that a person is attorney’s a wrongfully fees imprisoned individual, the clerk of the court of claims shall forward a preliminary judgment to the president of the controlling board requesting the payment of fifty per cent of the amount described in division (E)(2) (b) of this section to the wrongfully imprisoned individual. The board shall take all actions necessary to cause the payment of that amount out of the emergency purposes special purpose account of the board Claimant must not have pled guilty Indemnification for Unjust Conviction 13 STAT E STATUTE WHEN PASSED ELIGIBILITY STANDAR D OF PROOF WHO DECIDES TIME LIMITS FOR FILING OK 51 Okl. St. § 154 1978, amd. 2003 Clear and convincing State Civil Court No time limit $175,000 cap no punitive damages TN Tenn Code Ann §9-8-108 1984, amd. 2004; 2010; 2012; 2013 Pardoned or conviction vacated and charges dismissed granted exoneration pursuant to § 40-27-109 Not specified Board of Claims 1 year MAXIMUM AWARDS $1,000,000 cap OTHER AWARDS FUTURE CIVIL LITIGATION CONTRIBUTORY PROVISIONS Not specified Not specified Claimant must not have pled guilty Not specified Not specified Not specified Indemnification for Unjust Conviction 14 STAT E TX STATUTE WHEN PASSED Tex Code Ann §§ 2001; amd. 103.001;103.051 201 ; 052, 103.1041. 1 ELIGIBILITY STANDAR D OF PROOF WHO DECIDES full pardon on Prepondera Comptroller’s the basis of nce of Judiciary innocence; writ evidence Section of habeas corpus based on a court finding or determination that the person is actually innocent or writ of habeas corpus and: (i) district court entered an order dismissing the charge; and (ii) district court’s dismissal order based on motion to dismiss in which the state s attorney states that no credible evidence exists that inculpates the defendant and, either in the motion or in an affidavit, the state’s attorney states that the state’s attorney believes that the defendant is actually innocent TIME LIMITS FOR FILING MAXIMUM AWARDS Not later $80,000 per than the year, plus an third annuity; anniversary reintegration of the date financial the person assistance on whose that does not imprisonmen exceed t the claim is $10,000 based Attorney fees, received lost wages the pardon or was granted relief OTHER AWARDS FUTURE CIVIL LITIGATION CONTRIBUTORY PROVISIONS Counseling Bars Provides for both a expenses for up (though see lump sum and an to one year, State v. annuity payment. child support Oakley, 227 Claimants don’t arrears, tuition S.W.3d 58 receive lump sum for up to 120 (Tex. 2007) compensation for credit hours, (clarifying years where time including that claimant was served on tuition and any may first other, unrelated mandatory fees bring 1983 charges, and associated with claim and annuity payments attendance at then file will terminate if the the institution claim under claimant is statute, but subsequently 501.091: not vice convicted of a Development of versa)) crime punishable a as a felony. comprehensive plan to ensure the successful reentry and reintegration of wrongfully imprisoned person into community, including lifeskills, job, and vocational training, provision of necessary documents SB1686: Eligibility to obtain group health benefit coverage through the TX Department of Criminal Justice as if the person were an employee of the Department Indemnification for Unjust Conviction 15 STAT E STATUTE WHEN PASSED ELIGIBILITY STANDAR D OF PROOF WHO DECIDES UT 78-35a-405 2008; amd. 2011, 2012 factual innocence under Utah 7835a-402 Not specified (reliant upon eligibility finding) District court where conviction was rendered TIME LIMITS FOR FILING MAXIMUM AWARDS OTHER AWARDS FUTURE CIVIL LITIGATION CONTRIBUTORY PROVISIONS Petitioner For 15 years, Office of Crime May permit must file for petitioner Victim’ against postmay receive Reparation to municipalitie conviction the monetary make initial s relief (e.g. value of payment w/in declaration average 45 days of of innocence) annual court finding of w/in 1 year of nonagricultur innocence final al payroll. judgment, or date on which petitioner should have known of new facts upon which petition is based - no separate limit for filing claim for compensatio n Payments may be suspended if petitioner is convicted of a subsequent felony Indemnification for Unjust Conviction 16 STAT E STATUTE WHEN PASSED ELIGIBILITY STANDAR D OF PROOF WHO DECIDES TIME LIMITS FOR FILING MAXIMUM AWARDS OTHER AWARDS FUTURE CIVIL LITIGATION CONTRIBUTORY PROVISIONS VA 8.01-195.10, et seq. 2004; amd. 2010, 2012, 2014 Conviction vacated pursuant to VA Chapter 19.2 or 19.3 or absolute pardon Not specified General Assembly Not Specified 90% of the Reimbursemen VA per capita t up to $10,000 personal for tuition for income– for career and each year of technical incarceration training in the VA Comm. College system; transition assistance grant worth $15,000, which would be deducted from any award received pursuant to the statute Bars Claimant may not have pled guilty – unless he or she was charged with a capital offense or convicted of a Class 1 felony, a Class 2 felony, or any felony for which the maximum penalty is imprisonment for life. the person incarcerated did not by any act or omission on his part intentionally contribute to his conviction for the felony for which he was incarcerated If the claimant is subsequently convicted of a felony, he or she becomes ineligible to receive further payments Claimant did not suborn perjury or fabricate evidence during any of the proceedings related to the crime with which he or she was charged VT 13 V.S.A Chptr. 182 2007; amd. 2014 The conviction was reversed or vacated and the charges dismissed, or tried to an acquittal, or a pardon was granted. Clear and convincing evidence Washington County Supreme Court 3 years from exoneration, unless claimant was not provided with notice of the right to bring an action, in which case claimant shall be granted an additional year in which to file Minimum of Claimant Likely permit 30K per year entitled to up against - maximum of to 10 years of municipalitie 60K per year eligibility for s of Vermont State incarceration, Health Plan; adjusted Award is not proportionall taxable by y for partial state and no years served; offset for cost Awards may of include in incarceration is addition: lost allowed wages, costs, and attorneys fees Indemnification for Unjust Conviction 17 STAT E STATUTE WHEN PASSED ELIGIBILITY STANDAR D OF PROOF WHO DECIDES TIME LIMITS FOR FILING MAXIMUM AWARDS OTHER AWARDS WA RCWA §4.100.0 10, et seq. 2013 Any person convicted in superior court and subsequently imprisoned for one or more felonies of which he or she is actually innocent may file a claim for compensation against the state. Clear and convincing evidence Superior Court An action for compensatio n under this chapter must be commenced within three years after the grant of a pardon, the grant of judicial relief and satisfaction of other conditions, or release from custody, whichever is later. $50,000 for each year of imprisonment and time spent waiting for trial; an additional $50,000 for each year on death row; and $25,000 for each year spent on parole, community custody or on a sex offender registry Child support and attorney fees up to $75,000. FUTURE CIVIL LITIGATION CONTRIBUTORY PROVISIONS Compensatio A guilty plea to a n shall be crime the claimant exclusive to did not commit, or all other a confession that is remedies at later determined law and in by a court to be equity false, does not against the automatically state or any constitute perjury political or fabricated subdivision evidence under of the state. this subsection. As a requirement Claimant will not to making a receive request for compensation for relief under the period of time this chapter, that he or she was the claimant serving a term of waives any imprisonment or a and all other concurrent remedies, sentence for any causes of crime other than action, and the felony or other forms felonies that were of relief or the basis for the compensatio claim. n against the state, any political subdivision of the state, and their officers, employees, agents, and volunteers related to the claimant's wrongful conviction and imprisonmen t. Indemnification for Unjust Conviction 18 STAT E STATUTE WHEN PASSED ELIGIBILITY STANDAR D OF PROOF WHO DECIDES TIME LIMITS FOR FILING MAXIMUM AWARDS OTHER AWARDS FUTURE CIVIL LITIGATION CONTRIBUTORY PROVISIONS WV W Va Code § 142-13(a) 1987, amd. 2014 Clear and convincing Court of Claims Not specified Fair and reasonable damages Not specified Not specified Claimant did not contribute to or bring about conviction WI Wis Stat § 775.05 1913, amd. 1987 Pardon for innocence, or conviction reversed and either charges dismissed or acquittal on retrial None specified Clear and convincing Claims Board Not specified Not specified Not specified Claimant did not contribute to or bring about conviction Pardon for innocence, or conviction reversed or set aside on ground that claimant is not guilty and found not guilty at new trial or rehearing Not specified U.S. Court of Federal Claims Not specified Not specified Claimant did not commit acts charged and did not by misconduct or neglect cause prosecution 28 USC § 1495 & US § 2513 (Fed) 1948; amd. 2004 5K/yr, max 25K but Board may petition legislature for additional funds Not specified Up to $50,000 per year; ($100,000 per year for each year on death row)