(1) In order to file an actionable claim for compensation under this chapter, the claim must not be time barred under RCW
4.100.090 and the claimant must state facts and provide documentation in sufficient detail for the finder of fact to determine by a preponderance of the evidence that:
(a) The claimant has been convicted of one or more felonies in superior court and subsequently sentenced to a term of imprisonment, and has served all or part of the sentence;
(b) The claimant did not engage in the conduct that is the basis for a felony charged in the charging document;
(c) The claimant did not commit or suborn perjury or fabricate evidence to cause or bring about the conviction. Any form of guilty plea to a crime the claimant did not commit, or a confession that is false or illegally obtained, does not constitute perjury or fabricated evidence under this subsection;
(d) The claimant is not currently incarcerated for any offense; and
(e) During the period of confinement or civil detention for which the claimant is seeking compensation, the claimant was not serving a term of imprisonment or a concurrent sentence for any crime other than the felony or felonies that are the basis for the claim.
(2) In addition to the requirements of subsection (1) of this section, the claimant must state facts and present documentation in sufficient detail for the finder of fact to determine by a preponderance of the evidence that:
(a) The claimant has received a pardon, commutation, or reprieve on grounds consistent with innocence for the felony or felonies that are the basis for the claim; or
(b) The claimant's judgment of conviction was reversed or vacated following the presentation or development of significant new exculpatory information, and:
(i) The claimant was not retried and the charges were dismissed;
(ii) The claimant maintained their innocence and entered a plea pursuant to North Carolina v. Alford, 400 U.S. 25 (1970) or State v. Newton, 87 Wn.2d 363 (1976); or
(iii) The claimant was retried and not convicted.
(3) Convictions vacated, overturned, or subject to resentencing pursuant to
In re: Personal Detention of Andress, 147 Wn.2d 602 (2002) or
State of Washington v. Blake, 197 Wn.2d 170 (2021) may not serve as the basis for a claim under this chapter unless the claimant otherwise satisfies the qualifying criteria set forth under RCW
4.100.030 and this section.
(4) The claimant must verify the claim unless he or she is deceased or incapacitated, in which case the personal representative or agent filing on behalf of the claimant must verify the claim.
(5)(a) The attorney general may concede that the claimant was wrongly convicted at any time, in which case the court must award compensation as provided in RCW
4.100.060.
(b) The attorney general must concede that the claimant was wrongly convicted if the claim meets the criteria set forth in subsection (1) of this section, except in the following circumstances where the attorney general may request an evidentiary hearing for the judge to assess the credibility or evidentiary value of the significant new exculpatory information in order to do further analysis to evaluate the claim:
(i) The conviction was reversed or vacated as part of postconviction proceedings based on the presentation of significant new exculpatory information, but no evidentiary hearing was held in court as part of the proceedings; or
(ii) The significant new exculpatory information is a recantation, and there has not been a judicial finding of credibility.
(c) If the attorney general does not concede the claim and the court finds after reading the claim that the claimant does not meet the filing criteria set forth in this section, it may dismiss the claim or enter summary judgment in favor of the state, either on its own motion or on the motion of the attorney general.
(6) Claims under this chapter must be evaluated at all stages of the proceeding in a manner that promotes the remedial purpose of this chapter.
(7) If the court dismisses the claim or enters summary judgment in favor of the state, the court must set forth the reasons for its decision in written findings of fact and conclusions of law.
