§ 8.01-195.13.Compensation for certain intentional acts.

Subsection A creates a path to additional compensation beyond the base formula in Section 8.01-195.11, but only on a demanding showing. A court with jurisdiction over the matter must determine, or the court record must clearly demonstrate, both that the Commonwealth or one of its agencies, instrumentalities, officers, employees, or political subdivisions intentionally and wrongfully fabricated evidence used to obtain the wrongful conviction, and that it intentionally, willfully, and continuously suppressed or withheld evidence establishing the person’s innocence — including suppressing that evidence from the Governor when clemency was being considered. When both are shown, the Commonwealth may award additional compensation for those intentional acts, up to an amount equal to the compensation already awarded under Section 8.01-195.11. This additional amount is added to the base award and paid the same way, as a lump sum under Section 8.01-195.11(B), and it does not replace or override any other provision of the article — the usual conditions still apply.

Subsection B adds two more requirements. First, this additional compensation does not become effective or payable until the wrongfully incarcerated person executes the release and waiver required by Section 8.01-195.12(B). Second, if the award becomes effective and the local instrumentality or political subdivision that employed the individual who committed the intentional acts is identified, that instrumentality or political subdivision must itself pay the wrongfully incarcerated person a sum at least equal to the total compensation owed under Section 8.01-195.11 and this section. If the Governor is satisfied that the instrumentality or political subdivision has failed to make that payment, the Governor must immediately order the Comptroller to withhold all further funds otherwise payable to that instrumentality or political subdivision, for any purpose, until the compensation is paid.