46-32-107. (Temporary) Offset provision. In the event the waiver or release provided under 46-32-103(1) is held invalid in whole or in part for any reason:
(1) if, at the time of an award of monetary damages or compensation under 46-32-106, the claimant has also been awarded damages against the state, a political subdivision, or their officers, employees, agents, or volunteers in a civil action related to the claimant's same wrongful conviction or imprisonment, including any settlement, the amount awarded under 46-32-106 must be reduced by the amount of damages or compensation previously awarded; and
(2) if, after the time of an award of monetary damages or compensation under 46-32-106, the claimant is awarded damages against the state, a political subdivision, or their officers, employees, agents, or volunteers in a civil action related to the claimant's same wrongful conviction or imprisonment, including any settlement, the claimant shall reimburse to the state or a political subdivision of the state any amount awarded under 46-32-106. (Terminates June 30, 2023--sec. 15, Ch. 574, L. 2021.)
History: En. Sec. 7, Ch. 574, L. 2021.