Report Title:

Prison litigation; in forma pauperis

 

Description:

Requires inmates to pay for the civil lawsuit they file in State court and requires inmates who have three lawsuits deemed "frivolous" to pay the filing fees prior to filing another lawsuit.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

3186

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO PRISON LITIGATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 607, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§607-     Proceedings in forma pauperis.  (a)  Any court of the State may authorize the commencement, prosecution, or defense of any suit, action, or proceeding or appeal therein, without prepayment of fees or security therefor, by a person who is incarcerated in a correctional facility if that person submits a statement certified by the correctional facility, of all financial assets for the previous six months such prisoner possesses or possessed and an affidavit or declaration given pursuant to §710-1061, Hawaii Revised Statutes, that the person is unable to pay such fees or give security therefor.  A copy of the complaint or claim in any suit, action, or proceeding must accompany any application for in forma pauperis.

     (b)  An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.

     (c)  If a prisoner brings a civil action or files an appeal in forma pauperis not in compliance with subsection (a) or if the court denies the in forma pauperis application, the prisoner shall be required to pay the full amount of a filing fee.  The court shall assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of twenty per cent of the greater of:

     (1)  The average month deposits to the prisoner's account; or

     (2)  The average monthly balance in the prisoner's account for the six-month period immediately preceding the filing of the complaint or notice of appeal.

After payment of the initial partial filing fee, the prisoner shall be required to make monthly payments of twenty per cent of the preceding month's income credited to the prisoner's account.  The agency having custody of the prisoner shall forward payments from the prisoner's account to the clerk of the court each time the amount in the account exceeds $10 until the filing fees are paid.  In no event shall the filing fee collected exceed the amount of fees permitted by statute for the commencement of a civil action or an appeal of a civil action or criminal judgment.

     (d)  Any prisoner who has had four or more in forma pauperis civil actions or appeals dismissed by any state or federal court as frivolous, as malicious, or for failure to state a claim, must pay the full filing fee in advance for any further civil actions during the time the prisoner remains incarcerated, unless the prisoner is in imminent danger of serious physical, mental, or emotional injury; provided that the prepayment requirement may be waived at the discretion of the court in the interest of justice.  With the exception of the preceding circumstance, in no event shall a prisoner be prohibited from bringing a civil action or appealing a civil or criminal judgment for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee.

     (e)  Upon compliance with subsection (a) and the prepayment of any partial filing fee as may be required under subsection (d), the court may direct payment by the State of the expenses of:

     (1)  Printing the record on appeal if such printing is required by the appellate court; and

     (2)  Preparing a transcript of proceedings if such transcript is required by the appellate court.

Such expenses shall be paid when authorized by the administrative director of the courts.

     (f)  Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that:

     (1)  The allegation of poverty is untrue; or

     (2)  The action or appeal

         (A)  Is frivolous or malicious;

         (B)  Fails to state a claim on which relief may be granted; or

         (C)  Seeks monetary relief against a defendant who is immune from such relief.

     (g)  Judgment may be rendered for costs at the conclusion of the suit or action as in other proceedings, but the State shall not be liable for any of the costs thus incurred.  If the State has paid the cost of a stenographic transcript or printed record for the prevailing party, the cost shall be remitted in favor of the State.  If the judgment against a prisoner includes the payment of costs under this subsection, the prisoner shall be required to pay the full amount of the costs ordered.  The prisoner shall be required to make payments for costs under this subsection in the same manner as is provided for filing fees under subsection (c).  In no event shall the costs collected exceed the amount of the costs ordered by the court.

     (h)  As used in this section, the term "prisoner" means any person incarcerated or detained in any facility who is accused of, convicted of, or sentenced for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.  The term does not apply to juveniles incarcerated at youth correctional facilities."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on its approval.

 

INTRODUCED BY:

_____________________________

 

BY REQUEST