Washington · statute · Wash. Rev. Code ch. 4.100 · 9 active provisions
The legislature recognizes that persons convicted and imprisoned for crimes they did not commit have been uniquely victimized. Having suffered tremendous injustice by being stripped of their lives and liberty, they are forced to endure imprisonment and are later stigmatized as felons. A majority of those wrongly convic…
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Actually innocent" describes a person for whom a preponderance of all the evidence no longer supports a finding that the person engaged in conduct that is the basis for a felony charged in the charging docum…
(1) 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 from the state.(2) If a person entitled to file a claim under subsection (1) of this section is deceased, incapacitated and incapable of filing the cl…
(1) In order to file an actionable claim for compensation under this chapter, the claim must not be time barred under RCW 4.100.090 and the claimant must state facts and provide documentation in sufficient detail for the finder of fact to determine by a preponderance of the evidence that:(a) The claimant has been convi…
Any party is entitled to the rights of appeal afforded parties in a civil action following a decision on such motions. If the claimant appeals the dismissal of a claim, review of the superior court action is de novo. If the state appeals a judgment in favor of a claimant and the claimant ultimately prevails, interest s…
(1) In order to obtain a judgment in his or her favor, the claimant must show by clear and convincing evidence that:(a) The claimant was convicted of one or more felonies in superior court and subsequently sentenced to a term of imprisonment, and has served all or any part of the sentence;(b)(i) The claimant is not cur…
(1) On or after July 28, 2013, when a court grants judicial relief, such as reversal and vacation of a person's conviction, consistent with the criteria established in RCW 4.100.040, the court must provide to the claimant a copy of this chapter and RCW 28B.15.395 and 72.09.750 at the time the relief is granted.(2) The…
(1) It is the intent of the legislature that the monetary compensation calculated under this chapter shall establish the monetary minimum compensation owed to a claimant pursuant to a wrongful conviction. If the claimant is awarded compensation under this chapter and receives a tort award from the state or any politica…
(1) Except as provided in RCW 4.100.070, an action for compensation under this chapter must be commenced within six years after the grant of a pardon or other executive relief, the grant of judicial relief and satisfaction of other conditions described in this chapter, or release from custody, whichever is later. Any a…