17-22-9. Wrongful Conviction and Incarceration Compensation Trust Fund; creation; funding; payments.

There is created the Wrongful Conviction and Incarceration Compensation Trust Fund as a separate fund in the state treasury. The state treasurer shall credit to the trust fund all moneys appropriated by the General Assembly for the purpose of providing claimants with compensation under this chapter and shall invest the moneys held in the trust fund in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50.#

No award of compensation issued under this chapter shall be payable except from the Wrongful Conviction and Incarceration Compensation Trust Fund. Nothing in this chapter shall be construed to authorize any execution or levy against any state property or state funds, and such execution or levy against any state property or state funds for purposes of paying compensation awards issued under this chapter is expressly prohibited. The liability of the state under this chapter shall never exceed the amount of funds available in the Wrongful Conviction and Incarceration Compensation Trust Fund and no award of compensation issued under this chapter shall be payable unless and until the General Assembly appropriates moneys for the payment thereof.#

Subject to the availability of funds, any award of compensation issued under this chapter shall be paid out of the Wrongful Conviction and Incarceration Compensation Trust Fund as follows:#

1. (1)

   1. (A)

      If the judgment awarding such compensation is issued by the administrative law judge pursuant to subsection (d) of Code Section 17-22-6 before September 1 of a given calendar year, the state treasurer shall pay to the claimant an initial sum of $6,000.00 within 60 days of such judgment being issued and such judgment being presented to the state treasurer for payment, and such initial sum shall be deducted from the total award amount.#

   2. (B)

      If the judgment awarding such compensation is issued by the administrative law judge pursuant to subsection (d) of Code Section 17-22-6 on or after September 1 of a given calendar year, the state treasurer shall pay to the claimant an initial sum of $18,000.00 within 60 days of such judgment being issued and such judgment being presented to the state treasurer for payment, and such initial sum shall be deducted from the total award amount.#

2. (2)

   Thereafter, the General Assembly shall, through an amended appropriations Act for the current fiscal year for a judgment issued before September 1 of a given calendar year or through the general appropriations Act for the next fiscal year for a judgment issued on or after September 1 of a given calendar year, appropriate a sum sufficient to pay the remainder of the award of compensation; provided, however, that, for any award of compensation that exceeds $1.5 million, the General Assembly shall appropriate such sum in equal amounts over three separate fiscal years. Within 60 days of such appropriation being made and such funds being credited to the Wrongful Conviction and Incarceration Compensation Trust Fund, the state treasurer shall pay to the claimant the remainder of the award of compensation; provided, however, that, if such award exceeds $1.5 million, the state treasurer shall pay to the claimant the remainder of the award in three equal payments, each within 60 days of such amounts being appropriated by the General Assembly and credited to the Wrongful Conviction and Incarceration Compensation Trust Fund.#

Any payment of an award of compensation pursuant to subsection (c) of this Code section may be made to or for the benefit of the claimant, or, in the case of the death of the claimant, to or for the benefit of one or more heirs at law or designated beneficiaries of the claimant.#