Print Friendly SENATE BILL NO. 1386 – Prisoners, fees, payment
SENATE BILL NO. 1386
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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
|||| 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
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
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;
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
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-
25 (1 03) 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 (1 14) 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 (1 25) 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 (1 36) 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 (1 47) Orders entered under this section are not subject to interlocutory
46 (1 58) 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 (1 79) 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-
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 t This 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
The purpose of this bill is to assure the commitment and personal
financial accountability of prisoners seeking to pursue litigation.
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.
Name: Senator Bart Davis
Phone: (208) 332-1307
STATEMENT OF PURPOSE/FISCAL NOTE S 1386