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District of Columbia Code Division I. Government of District. § 2-423.01. Petition for compensation.

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A person seeking compensation for unjust conviction and imprisonment under § 2-421(2) shall file a petition for compensation with the Office of Victim Services and Justice Grants (“OVSJG”) that includes the following information:

(1) An application for compensation on a form prescribed by the Director;

(2) A copy of the certificate of innocence issued by the Superior Court for the conviction at issue;

(3) A statement from the United States Bureau of Prisons or the Department of Corrections verifying the length of incarceration;

(4) A statement from the Court Supervision and Offender Services Agency verifying the length of time spent on parole, probation, supervised release, or as a registered sex offender, if applicable; and

(5) Any additional documents deemed necessary by the Director and listed as a requirement for a petition on the application for compensation.

(b)(1)(A) The Director shall approve a petition for compensation filed within 45 days after the date the petition was submitted if all the necessary documents required by subsection (a) of this section have been submitted.

(B) For the purposes of this paragraph, a petition for compensation shall not be deemed to have been submitted until all required documents under subsection (a) of this section have been filed with OVSJG.

(2)(A) The Director shall provide written notice of his or her determination to the person who filed the petition.

(B) The written notice shall include the amount owed to the petitioner pursuant to § 2-423.02.

(c)(1) If a petitioner is aggrieved by the Director's determination under subsection (b) of this section, the petitioner may bring an action in the Superior Court for mandamus relief within 45 days after the petitioner receives written notice of the determination under subsection (b)(2) of this section.

(2) The Superior Court shall review de novo any request for mandamus relief.

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Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 2-423.01. Petition for compensation. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-2-423-01/

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