Washington law sets rules for wrongful conviction compensation claims

A claimant must prove they were wrongly convicted to qualify for compensation. The rules cover people convicted of felonies in superior court who served at least part of a prison sentence and are not currently incarcerated. Time serving a sentence or civil detention for another conviction does not qualify for compensation. The claimant must show by clear and convincing evidence that they were wrongly convicted, did not cause the conviction through perjury or fabricated evidence, and meet the other requirements. The claimant must have a pardon, commutation, or reprieve based on grounds consistent with innocence, or meet a listed outcome after significant new information arose.

The court must order compensation when a claimant proves a wrongful conviction. The award applies to a claimant who proves they were wrongly convicted under this chapter. The award includes set amounts for time confined and certain time under supervision, eligible child support arrears, and sums the claimant paid under court orders. The court awards legal fees and expenses based on part of the compensation, up to $75,000. The award cannot include punitive damages or be reduced for government costs of confinement.

A claimant must file a compensation case within the stated deadline. These deadlines apply to compensation claims under the chapter. The law also allows some people whose claims were denied under an earlier version to ask the court to reconsider. The six-year period runs from the latest of the listed events: qualifying executive relief, qualifying court relief and satisfaction of other claim conditions, or release from custody. A state challenge or appeal of court relief or release from custody pauses the six-year period. A reconsideration motion must be filed within one year after this section takes effect. Certain people with older Alford or Newton pleas have three years after it takes effect to file.

Public colleges must waive tuition and fees for eligible people and children. The waiver applies at state universities, regional universities, The Evergreen State College, and community and technical colleges. Private schools are encouraged, but not required, to offer similar waivers. A wrongly convicted person must live in Washington. A child must live in Washington, be at least 17, and have become the person's child before compensation is awarded. Recipients must meet the school's satisfactory progress policy. Graduate waivers are encouraged but not required, and the waiver covers no more than 200 quarter credits or the semester equivalent. A child must have become the person's child before compensation is awarded.