Delaware wrongful conviction claimants must prove they committed no related felony

People seeking payment must prove they committed no felony from the same incident and either did not commit the convicted crime or no crime occurred. This covers people who served all or part of a sentence in jail or prison, a psychiatric institution, probation, parole, or sex offender registration because of the overturned conviction. They must prove these facts by the greater weight of the evidence. After the conviction is overturned, the charge must be dismissed, end in acquittal at a new trial, or lead to a Robinson or no contest plea while the person maintains innocence and would otherwise be entitled to a new trial. The act takes effect upon enactment into law.

Courts award payment for lost freedom and suffering equal to yearly rates for eligible time. The base rates are $100,000 a year for incarceration while awaiting a death sentence, $75,000 for other incarceration, and $50,000 for probation, parole, or sex offender registration tied to the conviction. Partial years count in proportion to time served, and the rates are adjusted for living costs. Time also served under another conviction that still stands does not count toward this payment or proven financial losses unless the challenged case lengthened that other sentence. That time can also count if the standing conviction came from a Robinson or no contest plea made while maintaining innocence to resolve the case after the original conviction was overturned, and the person proves they did not commit that crime or no crime occurred. Adjusted rates apply to claims filed on or after July 1 of the adjustment year and before the next July 1.

Courts calculate reasonable lawyers’ fees using Delaware rates when damages are awarded. This covers legal work to overturn a conviction and win a wrongful conviction claim against Delaware. Fees are based on reasonable hours and cannot exceed the total damages award. Lawyers may not charge the claimant extra fees or costs. Up to $300,000 in lawyers’ fees is paid at once. Any remainder is paid yearly in amounts of no more than $300,000.

Delaware’s Office of Management and Budget handles the payment fund, adjusts payment rates, and reports on claims each quarter. These duties cover Delaware’s Wrongful Conviction Compensation Fund and claims paid through it. The office pays money from the fund as the Superior Court orders. If it reasonably expects the fund to run short within 60 days, it must alert lawmakers and the Controller General, give the expected date, and explain the order for paying pending claims. The office reports every quarter.