TITLE 20

STATE PRISON AND COUNTY JAILS

CHAPTER 2

STATE BOARD OF CORRECTION

20-209E.  Prison disciplinary action for frivolous or malicious court proceedings. (1) In any action, whether filed in state, federal or administrative court, in which a prisoner submits a frivolous or malicious claim, or knowingly testifies falsely or otherwise knowingly presents false evidence or information to the court, the prisoner may be subject to prison disciplinary action. Such disciplinary action may be initiated upon the court’s finding that:

(a)  The prisoner has filed a claim that is frivolous or malicious;

(b)  The prisoner filed a claim solely to harass the party;

(c)  The prisoner has knowingly testified falsely or otherwise knowingly submitted false evidence or information to the court; or

(d)  The prisoner has committed a fraud upon the court.

(2)  In the absence of a finding by the court under subsection (1) of this section, and upon review and recommendation by the office of the attorney general, a disciplinary hearing may be held by the appropriate authority at the prison, pursuant to section 5, article X of the constitution of the state of Idaho, to determine whether the prisoner has filed a claim that is malicious or intended solely to harass the party, or has testified falsely or otherwise presented false evidence or information to the court.

(3)  Upon a finding of guilt under either subsection (1) or (2) of this section, the prisoner shall be subject to prison disciplinary detention and loss of privileges consistent with established prison disciplinary procedures.

History:

[20-209E, added 1996, ch. 420, sec. 3, p. 1400.]