TITLE LX
CORRECTION AND PUNISHMENT
Chapter 623-B
INMATE LITIGATION
Section 623-B:1
623-B:1 Definitions. –
In this chapter:
I. "Commissioner" means the commissioner of the state department of corrections.
II. "Department" means the department of corrections.
III. "Inmate" means a person confined to a correctional facility as the result of conviction of a crime or violation of parole or probation, or an offender sentenced to a home detention program.
IV. "Inmate's account" means the moneys belonging to an inmate which are held in the department of corrections trust fund.
Source. 1995, 296:2, eff. Jan. 1, 1996.
Section 623-B:2
623-B:2 Civil Actions by Inmates; Filing Fees and Court Costs. –
I. An inmate who commences any civil action or proceeding is responsible for all court fees and costs.
II. The court shall order an inmate who commences any civil action or proceeding to pay, upon filing of such action or proceeding, court fees from the inmate's account. The commissioner shall withdraw the amount from the inmate's account and forward the money to the appropriate court clerk. As long as the account contains at least $10, the commissioner shall make withdrawals from such account until the actual court fees are paid.
III. The court shall order any inmate who commences any civil action or proceeding to pay court costs when they accrue. As long as the account contains at least $10, the commissioner shall withdraw the amount from the inmate's account and forward the money to the appropriate court clerk. Thereafter, the commissioner shall make withdrawals from such account until the court costs are paid in full.
IV. Nothing in this section shall prohibit an inmate from filing a civil action or proceeding if the inmate is indigent.
Source. 1995, 296:2, eff. Jan. 1, 1996.
Section 623-B:3
623-B:3 Affidavit. –
I. A court may authorize the commencement, prosecution, or defense of any civil action or proceeding without prepayment of fees and costs, by an inmate who makes an affidavit that such inmate is unable to pay such fees or costs. The affidavit shall contain complete information as to the inmate's identity, nature, and amount of income, spouse's income if available to the inmate, property owned, cash or checking accounts, dependents, debts and monthly expenses and the amount of money deposited in such inmate's account for the last 3 months. The affidavit shall contain a statement under oath that the claim has not been previously brought against the same parties or from the same operative facts in any state or federal court. The court may develop a form questionnaire which it may require by local rule to be filed to implement this statute.
II. A court in which an affidavit of inability to pay has been filed may dismiss the action in whole or in part on a finding that the allegation of poverty is false; or the action or a portion of the action is frivolous or malicious. In determining whether an action is frivolous or malicious, the court may consider whether the claim has no arguable basis in law or fact; or whether the claim is substantially similar to a previous claim either in that it is brought against the same parties or in that the claim arises from the same operative facts as a previous claim. If a portion of the action is dismissed, the court shall also designate the issues and defendants on which the action is to proceed without paying costs. This order is subject only to an interlocutory appeal.
III. If the court authorizes the commencement of the action and the court concludes, based on information contained in the affidavit or other information available to the court, that such inmate is able to pay part of the fees or costs, then the court shall order a partial payment to be made as a condition of the commencement or further prosecution of the action.
Source. 1995, 296:2, eff. Jan. 1, 1996.