17-22-5. Compensation eligibility; considerations by administrative law judge.

To be eligible to receive compensation under this chapter, a claimant must establish by a preponderance of evidence to the administrative law judge that:#

1. (1)

   The claimant was convicted of a felony by a court of this state and served all or part of the sentence for such felony;#

2. (2)

   The claimant did not commit the crime for which the claimant was convicted and did not commit any lesser included offense; and#

3. (3)

   One of the following apply to the claimant:#

   1. (A)

      The claimant’s conviction was reversed or vacated and the charges against the claimant were dismissed after the conviction was reversed or vacated;#

   2. (B)

      The claimant’s conviction was reversed or vacated and the claimant was thereafter acquitted of the charges;#

   3. (C)

      The claimant’s conviction was reversed or vacated and the claimant thereafter entered an Alford plea or a plea of nolo contendere when the claimant would otherwise have been entitled to a new trial; or#

   4. (D)

      The claimant received a pardon for the conviction based on the claimant’s innocence.#

In evaluating whether a claimant has met the requirements of subsection (a) of this Code section, an administrative law judge may, in the interest of justice, give due consideration to difficulties of proof caused by the passage of time, the death or unavailability of witnesses, the destruction of evidence, and other factors not caused by the claimant or those acting on the claimant’s behalf.#

Upon determining that a claimant meets the requirements of subsection (a) of this Code section, an administrative law judge shall award compensation to the claimant for wrongful conviction and incarceration in accordance with the provisions of this chapter; provided, however, that no compensation shall be awarded if the administrative law judge determines by a preponderance of the evidence that:#

1. (1)

   The claimant was an accomplice in the commission of the crime for which the claimant was convicted; or#

2. (2)

   For the purpose of protecting the true perpetrator from conviction, the claimant intentionally and voluntarily caused the conviction by entering a guilty plea, by committing perjury at trial, or by fabricating evidence at trial.#