IC 5-2-23-3: Compensation for wrongful incarceration; amount

Sec. 3. (a) Subject to section 4 of this chapter, and except as provided in section 5 of this chapter, a person to whom this chapter applies is entitled to compensation in the amount of fifty thousand dollars ($50,000) for each year that the person was incarcerated in the department of correction (including a facility under contract to the department of correction) or a county jail for a conviction that was vacated. Compensation for a partial year of incarceration shall be calculated on a pro rata basis.

(b) A person is not entitled to compensation under this chapter for time spent in pretrial detention, home detention, or work release.

(c) The criminal justice institute shall pay compensation owed under this chapter in equal sums distributed over five (5) years.