Section 205 IAC 4-2-1 - Application requirementsAuthority: IC 5-2-23-9
Affected: IC 5-2-23
Sec. 1.
(a) An application must meet the following requirements: (1) Is submitted according to the timeline in IC 5-2-23-8(a) and on the form prescribed by the institute, which includes the following information: (A) Name, gender, date of birth, marital status, address, email address, and telephone number of the exoneree.(B) Name, address, email address, telephone number, and relationship of the applicant to the exoneree if the applicant is not the exoneree.(C) The cause number of the original case, court of jurisdiction, date of conviction, type of crime convicted of, time of incarceration post-conviction, and date the conviction was reversed, vacated, pardoned, or set aside.(D) Information regarding the exoneration, including: (i) the form of exoneration (sentence vacated, pardon, conviction set aside, conviction reversed, or other);(ii) the cause number of the exoneration case;(iii) the name of the court issuing the exoneration order;(iv) the name of the judicial officer; and(v) whether the case is still pending.(E) Information regarding any civil actions relating to the original conviction, including: (i) whether the exoneree has been awarded or received restitution, damages, or any other monies in connection with the exoneration;(iii) the name of the court;(iv) the name of the judicial officer;(v) the amount of the award;(vi) whether the case is still pending;(vii) whether the settlement is confidential; and(viii) any other cases related to the exoneree's conviction.(2) Includes the following documentation: (A) A certified order of conviction.(B) A certified order of sentencing.(C) A chronological case summary.(D) A certified order vacating, reversing, or setting aside the conviction (if applicable).(E) An official pardon from the governor containing the seal of the state of Indiana pardoning the applicant of the conviction (if applicable).(F) Any settlement, damages, or restitution orders (if applicable).(G) Any documentation or information illustrating that the applicant meets the definition of "actually innocent" as set forth in IC 5-2-23-2.(H) Any additional documentation or information that the applicant may want the institute to consider in determining the applicant's eligibility for compensation.(3) Contains a completed release and waiver of liability as set forth in IC 5-2-23-4.(4) Contains a certification that the applicant is actually innocent as defined by IC 5-2-23-2.(5) Is executed and certified by the applicant.(6) Is filed and submitted with the institute in person or by fax, U.S. mail, or express courier service.(b) Applications shall be reviewed by the institute staff to ensure completeness. If an application is determined to be incomplete by the institute staff, written notice shall be provided to the applicant identifying what additional information must be provided to consider the application complete.(c) An applicant shall provide the institute with any additional documentation or information within sixty (60) days of the institute's request. The applicant may request additional time to supply the institute with the requested documentation or information, but an extension of time may not exceed one hundred twenty (120) days, absent a showing of good cause by the applicant.(d) An application considered to be incomplete due to the applicant's failure to provide additional documentation or information within the time frame specified in subsection (c) may be denied at the institute's discretion.Indiana Criminal Justice Institute; 205 IAC 4-2-1; filed 12/5/2022, 2:16 p.m.: 20230104-IR-205220230FRA