2002 Legislation
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SENATE BILL NO. 1386 – Prisoners, fees, payment

SENATE BILL NO. 1386

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Daily Data Tracking History



S1386................................................by JUDICIARY AND RULES
PRISONERS - FEES - Amends existing law to delete the definition of
"indigent prisoner"; to provide that when a prisoner seeks to file an
action with partial payment of court fees, the prisoner shall file an
affidavit of inability to pay all court fees at the time of the filing of
the action; to provide information to be contained in the affidavit; to
provide procedures; to provide for payment of fees; to provide that in no
event shall a prisoner be prohibited from bringing an action for the reason
that the prisoner has no assets and no means by which to pay the initial
partial filing fee; and to provide that this act shall not be interpreted
to create a liberty interest for prisoners entitling them to due process
protection under the Idaho Constitution or the United States Constitution.
                                                                        
02/07    Senate intro - 1st rdg - to printing
02/08    Rpt prt - to Jud
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
      Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Davis
    Title apvd - to House
03/01    House intro - 1st rdg - to Jud
03/08    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 65-3-2
      AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
      Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
      Loertscher, Mader, Martinez, Meyer, Montgomery, Mortensen, Moyle,
      Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith(33), Smylie, Stevenson, Stone,
      Tilman, Trail, Wheeler, Young, Mr. Speaker
      NAYS -- Barrett, McKague, Wood
      Absent and excused -- Pischner, Smith(23)
    Floor Sponsor - Young
    Title apvd - to Senate
03/13    To enrol
    Rpt enrol - Pres signed
03/14    Sp signed - to Governor
03/26    Governor signed
         Session Law Chapter 296
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1386
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LEGAL ACTIONS BY PRISONERS; AMENDING SECTION 31-3220A, IDAHO CODE,
  3        TO DELETE REFERENCE TO THE DEFINITION OF "INDIGENT PRISONER,"  TO  PROVIDE
  4        WHEN  A PRISONER WHO SEEKS TO FILE AN ACTION WITH PARTIAL PAYMENT OF COURT
  5        FEES, THE PRISONER SHALL FILE AN AFFIDAVIT OF INABILITY TO PAY  ALL  COURT
  6        FEES  AT THE TIME OF THE FILING OF THE ACTION, TO PROVIDE INFORMATION CON-
  7        TAINED IN THE AFFIDAVIT, TO PROVIDE PROCEDURES, TO PROVIDE FOR PAYMENT  OF
  8        FEES,  TO  PROVIDE  THAT  IN  NO EVENT SHALL A PRISONER BE PROHIBITED FROM
  9        BRINGING AN ACTION FOR THE REASON THAT THE PRISONER HAS NO ASSETS  AND  NO
 10        MEANS BY WHICH TO PAY THE INITIAL PARTIAL FILING FEE, TO PROVIDE THAT THIS
 11        ACT  SHALL  NOT  BE INTERPRETED TO CREATE A LIBERTY INTEREST FOR PRISONERS
 12        ENTITLING THEM TO DUE PROCESS PROTECTION UNDER THE IDAHO  CONSTITUTION  OR
 13        THE UNITED STATES CONSTITUTION AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION  1.  That Section 31-3220A, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        31-3220A.  PRISONER INABILITY TO PAYMENT OF FEES  AT  TIME  OF  FILING  OF
 18    ACTION -- PARTIAL PAYMENT OF FEES -- DISMISSAL OF ACTION. (1) For the purposes
 19    of this section, the following definitions shall apply:
 20        (a)  "Action"  means  a  civil  suit, action, proceeding, or appeal of any
 21        such action, including habeas corpus, but  excluding  proceedings  brought
 22        pursuant to chapter 49, title 19, Idaho Code.
 23        (b)  "Indigent  prisoner"  means  a  prisoner  who has had no funds in his
 24        inmate account for the twelve (12) months preceding filing of the  action,
 25        or the period of his incarceration, whichever is less.
 26        (c)  "Inmate  account"  means  an  account  managed by officials of state,
 27        local or private correctional facilities, as defined in  section  18-101A,
 28        Idaho Code, to which the prisoner has access to purchase personal property
 29        from  the  correctional  facility's commissary in addition to property and
 30        supplies provided by the county, state or private correctional facility to
 31        meet the prisoner's basic needs.
 32        (dc)  "Prisoner" shall have the meaning provided in section 18-101A, Idaho
 33        Code.
 34        (2)  A prisoner who seeks to file an action without payment of court  fees
 35    or  with  partial  payment  of  court  fees  required  in sections 31-3201 and
 36    31-3201A, Idaho Code, shall file the following at the time  of  filing  of  an
 37    action:
 38        (a)  A  motion  to proceed without payment of court fees or for on partial
 39        payment of court fees under this section;
 40        (b)  An affidavit of inability to pay all court fees as set forth in  sec-
 41        tion  31-3220(3),  Idaho Code at the time of filing the action, containing
 42        complete information as to:
 43             (i)    The prisoner's identity;
                                                                        
                                           2
                                                                        
  1             (ii)   The nature and amount of the prisoner's income;
  2             (iii)  The prisoner's spouse's income;
  3             (iv)   The real and personal property owned;
  4             (v)    His cash or checking accounts;
  5             (vi)   His dependents;
  6             (vii)  His debts;
  7             (viii) His monthly expenses;
  8             (ix)   The nature of the action;
  9             (x)    The affiant's belief that he is entitled to redress;
 10        The affidavit shall also contain the following statements: "I am unable to
 11        pay all court costs at the time of filing the action. I  verify  that  the
 12        statements  made  in  this  affidavit are true and correct." The affidavit
 13        shall be sworn as required by law; and
 14        (c)  A certified copy of his inmate account that reflects the activity  of
 15        his  account  over  his period of incarceration or for twelve (12) months,
 16        whichever is less. The copy of the prisoner's inmate account shall be cer-
 17        tified by a custodian of inmate accounts of the office of the county sher-
 18        iff, the department of correction, or the private correctional facility.
 19    Upon filing of the action and motion to proceed under this section, the  pris-
 20    oner  shall  also  serve a copy of each document filed in compliance with this
 21    subsection upon counsel for the county sheriff, the department of  correction,
 22    or the private correctional facility.
 23        (3)  If  the  court  finds  that the prisoner is an indigent prisoner, the
 24    court may order the action to proceed without payment of any court fees.
 25        (4)  If the court finds that the prisoner is not an indigent prisoner Upon
 26    review of the information provided and considering the prisoner's  ability  to
 27    pay all court fees at the time of filing the action, the court shall order the
 28    prisoner to pay all or part of the court fees as set forth in sections 31-3201
 29    and 31-3201A, Idaho Code.
 30        (4)  If the court permits the prisoner's action to proceed on partial pay-
 31    ment  of  court  fees, the court shall assess and, when funds exist, collect a
 32    partial payment of any court  fees  as  set  forth  in  sections  31-3201  and
 33    31-3201A, Idaho Code, an initial partial filing fee of twenty percent (20%) of
 34    the greater of:
 35        (a)  The average monthly deposits to the prisoner's inmate account; or
 36        (b)  The  average monthly balance for the six (6) month period immediately
 37        preceding the filing of the action.
 38        (5)  After payment of the initial partial filing fee, the  prisoner  shall
 39    be  required to make monthly payments of twenty percent (20%) of the preceding
 40    month's income credited to the prisoner's inmate account until the full amount
 41    of all applicable court fees set forth in sections 31-3201 and 31-3201A, Idaho
 42    Code, are paid. The agency or entity having custody of the prisoner shall for-
 43    ward payments from the prisoner's inmate account to the  clerk  of  the  court
 44    each  time  the  amount  in  the prisoner's inmate account exceeds ten dollars
 45    ($10.00) until the full amount of all applicable court fees set forth in  sec-
 46    tions 31-3201 and 31-3201A, Idaho Code, are paid.
 47        (6)  In no event shall the court fees collected  exceed the amount of fees
 48    permitted by statute for the commencement of an action.
 49        (7)  In  no  event  shall a prisoner be prohibited from bringing an action
 50    for the reason that the prisoner has no assets and no means by  which  to  pay
 51    the initial partial filing fee.
 52        (58)  The  court  may dismiss an action filed under this section, in whole
 53    or in part, on its own motion or by motion of a party, upon a finding that:
 54        (a)  The nonindigent prisoner has failed to pay the court fees under  sub-
 55        section  (43)  of this section within thirty (30) days of the entry of the
                                                                        
                                           3
                                                                        
  1        order for court fees, or any time thereafter; or
  2        (b)  Any allegation in the prisoner's affidavit filed under  this  section
  3        is false.
  4        (69)  If the action or any part of it is dismissed without prejudice under
  5    subsection (58) of this section, and the prisoner refiles the action, the fol-
  6    lowing shall apply:
  7        (a)  The  requirements  under  this  section  must  be  met again in their
  8        entirety; and
  9        (b)  No amount paid for court fees in any previously filed action, or  any
 10        part  thereof, shall be credited to the court fees required under sections
 11        31-3201 and 31-3201A, Idaho Code.
 12        (710) The court may refuse further filings under this  section  until  the
 13    order  for  court  fees  has been satisfied in any previous action filed under
 14    this section.
 15        (811) The office of the attorney general, the county prosecutor, or  other
 16    counsel  for the defendant or respondent, is authorized to receive information
 17    from the county sheriff, department of  correction,  or  private  correctional
 18    facility  in order to verify the financial information submitted by a prisoner
 19    pursuant to this section.
 20        (912) The court may request an official or officials of the  county  jail,
 21    department  of correction, or private correctional facility to file an affida-
 22    vit concerning the allegations in the prisoner's affidavit or  concerning  the
 23    merits of the action prior to determination whether to proceed under this sec-
 24    tion.
 25        (103) The  court  may  require  the prisoner to file an affidavit that the
 26    claim has not been previously brought against the same  parties  or  from  the
 27    same operative facts in any state or federal court.
 28        (114) The  court  may  dismiss  an action or a portion of the action under
 29    this section, before or after service, on its own motion or  by  motion  of  a
 30    party, upon a finding that:
 31        (a)  Any allegation in the affidavit or the action is false;
 32        (b)  The action is frivolous;
 33        (c)  The action is malicious; or
 34        (d)  The action fails to state a claim upon which relief can be granted.
 35        (125) If  a portion of the action is dismissed, the court's order dismiss-
 36    ing the action shall also designate the issues and the defendant or respondent
 37    upon which the action is to proceed.
 38        (136) The court shall award reasonable costs and attorney's  fees  to  the
 39    defendant or respondent if the court finds that:
 40        (a)  Any allegation in the prisoner's affidavit is false;
 41        (b)  The action or any part of the action is frivolous or malicious; or
 42        (c)  The  action  or  any  part  of the action is dismissed for failure to
 43        state a claim upon which relief can be granted.
 44        (147) Orders entered under this section are not subject  to  interlocutory
 45    appeal.
 46        (158) Nothing  in  this  section shall prevent a prisoner from authorizing
 47    payment beyond that required under the order for filing fees.
 48        (16) Nothing in this section shall be construed  to  prohibit  a  prisoner
 49    from  filing  an action without payment of filing fees if he is found to be an
 50    indigent prisoner as defined in subsection (1)(b) of this section.
 51        (179) If the court authorizes the commencement of the action or  any  part
 52    of  the  action without payment of fees upon a finding that the prisoner is an
 53    indigent prisoner unable to pay all court fees  at  the  time  of  filing  the
 54    action,  and  the  court  later finds that a prisoner is no longer an indigent
 55    prisoner then able to pay all court fees, the court may shall order the  pris-
                                                                        
                                           4
                                                                        
  1    oner to comply with the requirements of subsection (2) of this section pay all
  2    unpaid  court  fees  within two (2) business days and enter an order for court
  3    fees. The court's finding under this subsection may be  based  on  information
  4    contained in affidavits or other information available to the court. The court
  5    shall dismiss the action if the prisoner fails to comply with an order entered
  6    under this subsection.
  7        (20) If  the action or any part of it is dismissed without prejudice under
  8    subsection (19) of this section, and the prisoner refiles the action, the fol-
  9    lowing shall apply:
 10        (a)  The requirements under this  section  must  be  met  again  in  their
 11        entirety; and
 12        (b)  No  amount paid for court fees in any previously filed action, or any
 13        part thereof, shall be credited to the court fees required under  sections
 14        31-3201 and 31-3201A, Idaho Code.
 15        (1821) The  court may develop a form questionnaire which it may require by
 16    local rule to be filed to implement this statute.
 17        (1922) In no way shall tThis section is intended as a procedural guideline
 18    only, and nothing herein shall be interpreted to create a liberty interest for
 19    prisoners entitling them to due process protection under the  Idaho  constitu-
 20    tion or the United States constitution.

Statement of Purpose / Fiscal Impact


	             STATEMENT OF PURPOSE
                          RS 11809

The purpose of this bill is to assure the commitment and personal 
financial accountability of prisoners seeking to pursue litigation.


                      FISCAL IMPACT



No impact to the State General Fund or local funds. There will be 
some impact due to the minimum amount of work required to collect 
fees from commissary funds.




Contact
Name:	Senator Bart Davis
Phone:	(208) 332-1307



STATEMENT OF PURPOSE/FISCAL NOTE		S 1386