About the Program
In 2019, the Indiana General Assembly passed legislation (House Enrolled Act 1150) which tasked the Indiana Criminal Justice Institute with administering the state’s first restitution program for wrongfully incarcerated persons. The law, set out in Indiana Code 5-2-23, applies only to a person who was sentenced to the department of correction or a county jail as the result of a criminal conviction, and was pardoned by the governor, or whose conviction was vacated, reversed, or set aside. As a result of this law, wrongfully incarcerated persons in Indiana are now eligible for compensation in the amount of $50,000 for each year that the person was incarcerated, pending certain requirements.
Click here to view the statute and here to view the administrative rule for the Exoneration Fund.
How to apply
Download the application by clicking the link below. The application, which includes the release and waiver of liability, must be filled out in its entirety and accompanied by the supporting documents listed below. Application packets, including all supporting documents, must be submitted to the Indiana Criminal Justice institute no later than two years from the date the judgment vacating, reversing, or setting aside the person's conviction becomes final, or the governor pardons the person. Applications can be sent using any of the following methods.
Once the application has been received, it will be reviewed by the institute staff. If an application is determined incomplete, written notice will be provided to the applicant, which will include the information needed to correct the application. Then, the applicant has 60 days to amend their application or can request an extension of up to 120 days through the institute’s director.
- Supporting Documents
- Certified Order of Conviction;
- Certified Order of Sentencing;
- Complete case record from a case record service (i.e., DoxPop, MyCase);
- Certified Order of vacation, reversal, or the setting aside of the conviction; OR Pardoning Order from the Governor containing the Seal of the State of Indiana; and,
- Any certified settlement, damages, or restitution orders for monies paid to the exoneree in connection with the conviction, if applicable.
- Any documentation or information illustrating that Exoneree meets the definition of “actually innocent” set out in IC 5-2-23-2