HB 0361 | Frivolous Inmate Claims |
Sponsor: | CANUTESON | Handling House Bill: | QUICK |
Committee: | CIVI | LR Number: | L0904.02P |
Last Action: | 03/28/95 - Voted Do Pass w/SCA 1 S Civil & Criminal Jurisprudence Committee | ||
Title: | |||
Effective Date: | August 28, 1995 | ||
HB 361 - This act allows a court to defer an offender's parole or deduct an amount from the offender's account in each case where the offender: 1) files a false claim with the court; 2) brings a claim for the purpose of delay or harassment; 3) unreasonably delays a judicial proceeding; 4) falsifies testimony or evidence to the court; 5) attempts to obtain a false affidavit, testimony or evidence; or 6) abuses the discovery process. The term of imprisonment imposed by the sentencing court shall not be extended by this act. An offender's account shall not be reduced below ten dollars pursuant to this act.
If an offender confined in any state correctional facility brings a civil cause of action, the court shall stay such action until the offender has exhausted all administrative remedies. The Department of Corrections shall maintain a grievance system for offenders which may include independent review of all grievances filed.
The court shall not reduce the court fee below ten dollars for a
confined offender who files a civil action pursuant to this act.
JAMES KLAHR
SCA 1 - FRIVOLOUS CLAIM MAY RESULT IN A REDUCTION IN THE OFFENDER'S ACCOUNT BALANCE. TECHNICAL CHANGES.