*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*
(a) After a petition for compensation is approved under § 2-423.01, the petitioner shall be entitled to the following:
(1) Within 60 days after a petition for compensation is approved, the Director shall compensate the petitioner as follows:
(A) For the physical injury of wrongful conviction and incarceration of the petitioner:
(i) $200,000 for each year of incarceration, to include a pro-rated amount for partial years served; and
(ii) $40,000 for each year served on parole, probation, supervised release, or as a registered sex offender, to include a pro-rated amount for partial years served; and
(B) Reimbursement for child support payments that became due during the time the person was incarcerated, but were not paid, including any interest on child support arrearages associated with those child support payments, as well as reasonable attorney's fees for legal proceedings required to remedy outstanding obligations associated with those child support payments.
(2) In addition to compensation provided under paragraph (1) of this subsection, within 21 days after a petition for compensation is approved, the Director shall provide the petitioner with $10,000 to assist in immediately securing services such as:
(A) Housing;
(B) Transportation;
(C) Subsistence;
(D) Re-integrative services; and
(E) Mental and physical health care.
(3) In addition to the compensation provided under paragraphs (1) and (2) of this subsection, the petitioner shall be entitled to the following:
(A) Physical and behavioral health care for the duration of the petitioner's life through participation in the D.C. Healthcare Alliance or any successor comprehensive community-centered health care and medical services system established pursuant to § 7-1405 or through another locally funded comprehensive health care and medical services program offered by the District;
(B) Reimbursement for any tuition and fees paid to the University of the District of Columbia or the University of the District of Columbia Community College for the petitioner's education, including any necessary assistance to meet the criteria required for admittance, or a vocational or employment skills development program; and
(C)(i) If mandamus relief is granted under § 2-423.01(c), reasonable attorney's fees to be paid by the District of Columbia, as ordered by the Superior Court.
(ii) The Superior Court shall award attorney's fees for each of the petitioner's attorneys pursuant to the matrix approved in Laffey v. Northwest Airlines, 572 F. Supp. 354 (D.D.C. 1983), as published and adjusted by the United States Attorney's Office for the District of Columbia.
(iii) In computing the hourly rates for attorney's fees under sub-subparagraph (ii) of this subparagraph, the Superior Court shall use the rates in effect at the time the mandamus relief is granted.
(b) Notwithstanding any other law, compensation awarded pursuant to this subchapter shall not be subject to any taxes or treatment as gross income under District law.
(Mar. 5, 1981, D.C. Law 3-143, § 4b; as added Dec. 13, 2017, D.C. Law 22-33, § 1012(d), 64 DCR 7652; Aug. 23, 2021, D.C. Act 24-159, § 5032, 68 DCR 008602.)
Emergency LegislationFor temporary (90 days) amendment of this section, see § 5032 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).
For temporary (90-day) creation of this section, see § 1012(d) of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).
For temporary (90-day) creation of this section, see § 1012(d) of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).