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Texas Government Code - GOV'T § 501.101. Programs and Services for Wrongfully Imprisoned Persons Who are Discharged

Current as of April 14, 2021 | Updated by FindLaw Staff

(a) In this section, “wrongfully imprisoned person” means a person who:

(1) has served in whole or in part a sentence in a facility operated by or under contract with the department;  and

(2) has:

(A) received a pardon for innocence for the crime for which the person was sentenced;

(B) been granted relief in accordance with a writ of habeas corpus that is based on a court finding or determination that the person is actually innocent of the crime for which the person was sentenced;  or

(C) been granted relief in accordance with a writ of habeas corpus and:

(i) the state district court in which the charge against the person was pending has entered an order dismissing the charge;  and

(ii) the district court's dismissal order is based on a motion to dismiss in which the state's attorney states that no credible evidence exists that inculpates the defendant and, either in the motion or in an affidavit, the state's attorney states that the state's attorney believes that the defendant is actually innocent of the crime for which the person was sentenced.

(b) The department shall ensure that the same programs and services that are available to or in which participation is mandatory for an inmate released on parole or to mandatory supervision, including programs and services offered or required under Subchapter F or G  1 of Chapter 508, are available to a wrongfully imprisoned person when the person is discharged from the department.

(c) The executive director of the department may:

(1) adopt rules as necessary to implement this section;  and

(2) direct the director of the Texas Correctional Office on Offenders with Medical or Mental Impairments to take any actions necessary to implement this section.

(d) The department shall provide information to wrongfully imprisoned persons as required by Section 103.002, Civil Practice and Remedies Code.

1  V.T.C.A., Government Code § 508.181 et seq. or Government Code § 508.221 et seq.
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Cite this article: FindLaw.com - Texas Government Code - GOV'T § 501.101. Programs and Services for Wrongfully Imprisoned Persons Who are Discharged - last updated April 14, 2021 | https://codes.findlaw.com/tx/government-code/gov-t-sect-501-101.html

Read this complete Texas Government Code - GOV'T § 501.101. Programs and Services for Wrongfully Imprisoned Persons Who are Discharged on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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