Effective 11-1-2019.

Sec. 8. (a) A person to whom this chapter applies may seek compensation under this chapter by applying to the criminal justice institute on a form and in a manner to be determined by the criminal justice institute. An application must be submitted not later than:

(1) November 1, 2021; or

(2) two (2) years from the date the:

(A) judgment vacating, reversing, or setting aside the person's conviction becomes final; or

(B) governor pardons the person;

whichever is later. An applicant shall submit additional evidence to the criminal justice institute upon request by the criminal justice institute.

(b) An applicant must demonstrate the following in any application submitted to the criminal justice institute:

(1) The applicant's eligibility for compensation under this chapter as described in this chapter.

(2) The applicant's compliance with any rules promulgated or required by the criminal justice institute pursuant to section 9 of this chapter.

(c) Upon receipt of:

(1) a completed application; and

(2) any additional evidence required by the criminal justice institute;

the criminal justice institute shall evaluate, investigate, and make a determination with respect to an applicant's claim.

(d) If, at the conclusion of an investigation performed pursuant to subsection (c), the criminal justice institute determines that the applicant qualifies for compensation under this chapter, the criminal justice institute shall pay, from the exoneration fund, any compensation due to the applicant, subject to the requirements of subsections (e) and (f).

(e) The criminal justice institute may not pay compensation to an applicant who:

(1) has received an award for restitution or damages described in section 1 of this chapter in connection with the conviction;

(2) has a pending case that might result in an award for restitution or damages described in section 1 of this chapter with respect to the conviction; or

(3) has not executed the waiver described in section 4 of this chapter.

(f) The criminal justice institute may only pay compensation to the individual who was wrongfully incarcerated or, on behalf of the individual, to the individual's guardian. The criminal justice institute may not pay compensation to:

(1) the estate of;

(2) a fiduciary of;

(3) a trust on behalf of; or

(4) an assignee of;

the wrongfully incarcerated individual.

As added by P.L.165-2019, SEC.1.