HB 361 -- INMATES' CIVIL SUITS (Canuteson)

This bill sets back an inmate's eligibility for a parole
consideration hearing by 60 days and permits the deduction of up
to 50% of the inmate's average account balance for the preceding
year, if a court determines that an inmate while in custody has:

(1) filed a false or malicious action or claim;

(2) brought an action or claim for delay or harassment purposes;

(3) unreasonably expanded or delayed a judicial proceeding;

(4) testified falsely or submitted false evidence or information
to the court;

(5) attempted to create or obtain a false affidavit, testimony,
or evidence; or

(6) abused the discovery process.

The parole delay cannot extend an inmate's sentence.  The
deductions from the inmate's account may be derived from
compensation due or later paid, or property of the inmate in the
control and custody of the Department of Corrections.  An
inmate's account may not be reduced to an amount of less than
$10 dollars.  In addition, the bill allows the Department of
Corrections to set up rules creating conduct violations against
an inmate who files a frivolous law suit.

This bill also creates administrative grievance procedures to
handle complaints brought by inmates.  As a result, an inmate's
legal action will be stayed until the he or she has exhausted
available administrative remedies.  Accordingly, the Department
of Corrections must maintain a grievance system or systems to
handle disputes at each correctional facility.  The grievance
system may provide for time limits for reply, priority
processing, safeguards to avoid reprisals, and grievance review
by an entity which did not render the original decision.

The bill allows courts to determine if an inmate can pay a
portion of the filing fees. The court may not reduce filing fees
in any civil action pursued by an inmate to less than $10.

FISCAL NOTE:  Estimated Net Increase to General Revenue Fund of
$0 in FY 96, $0 in FY 97, & $402,809 in FY 98.

HB 361, HCA 1 -- INMATES' CIVIL SUITS

SPONSOR:  Canuteson

COMMITTEE ACTION:  Voted "do pass" by the Committee on Civil and
Criminal Law by a vote of 16 to 0.

This bill sets back an inmate's eligibility for parole by 60
days and permits the deduction of 25% of the inmate's average
account balance for the preceding year, if a court determines
that an inmate while in custody has:

(1) filed a false or malicious action or claim;

(2) brought an action or claim for delay or harassment purposes;

(3) unreasonably expanded or delayed a judicial proceeding;

(4) testified falsely or submitted false evidence or information
to the court;

(5) attempted to create or obtain a false affidavit, testimony,
or evidence; or

(6) abused the discovery process.

The parole delay cannot extend an inmate's sentence.  The
deductions from the inmate's account may be derived from
compensation due or later paid, or property of the inmate in the
control and custody of the Department of Corrections.  An
inmate's account may not be reduced to an amount of less than
$10 dollars.  In addition, the bill allows the Department of
Corrections to set up rules creating conduct violations against
an inmate who files a frivolous law suit.

This bill also creates administrative grievance procedures to
handle complaints brought by inmates.  As a result, an inmate's
legal action will be stayed until the he or she has exhausted
available administrative remedies.  Accordingly, the Department
of Corrections must maintain a grievance system or systems to
handle disputes at each correctional facility.  The grievance
system may provide for time limits for reply, priority
processing, safeguards to avoid reprisals, and grievance review
by an entity which did not render the original decision.

The bill allows courts to determine if an inmate can pay a
portion of the filing fees. The court may not reduce filing fees
in any civil action pursued by an inmate to less than $10.

HCA 1 -- allows for deductions up to 50% of the average balance
of the inmate offender's account.

FISCAL NOTE:  Estimated Net Increase to General Revenue Fund of
$0 in FY 96, $0 in FY 97, & $185,713 in FY 98.

PROPONENTS:  Supporters say that this bill will combat the
explosive growth of inmate lawsuits and preserve judicial
resources.

Testifying for the bill were Representative Canuteson; Attorney
General's Office; and Department of Corrections.

OPPONENTS:  Those who oppose the bill say that current case law
allows for punishment of frivolous lawsuits.  Also, the bill
allows for multiple punishments for a single frivolous lawsuit
or action.  Furthermore, the grievance section allows for an
unlimited time period before the inmate grievant exhausts his
administrative remedies.

Testifying against the bill was ACLU of Eastern Missouri.

Michael Warrick, Research Analyst

HB 361 -- Correctional Inmate Civil Suits

Sponsor:  Canuteson

This bill attaches an additional 60 days to the time an
incarcerated offender is first eligible for parole or
conditional release and deducts from the offender's account
balance a sum equal to 25% of the offender's average account
balance of the preceding year, if a court determines the
offender has done the following while in custody of the
Department of Corrections.

(1) Filed a false or malicious action or claim;

(2) Brought an action or claim for delay or harassment purposes;

(3) Unreasonably expanded or delayed a judicial proceeding;

(4) Testified falsely or submitted false evidence or information
to the court;

(5) Attempted to create or obtain a false affidavit, testimony,
or evidence; or

(6) Abused the discovery process.

This parole eligibility delay cannot extend an offender's term
of imprisonment as imposed by the sentencing court.  The
deductions from the offender's account may be derived from
compensation due or later paid, or property of the offender in
the control and custody of the department.  An offender's
account may not be reduced to an amount of less than $10.  The
department is permitted to set up rules creating conduct
violations subject to discipline by an offender for
noncompliance with the provisions of this bill.

This bill also requires courts to stay any civil action brought
by an incarcerated person in Missouri courts until the offender
has exhausted available administrative remedies.  The Department
of Corrections is required to maintain a grievance system or
systems to handle disputes in each correctional facility.  The
grievance system may provide for time limits for reply, priority
processing, safeguards to avoid reprisals, and grievance review
by an entity which did not render the original decision.

Courts may not reduce felony fees in any civil action pursued by
an incarcerated person to less than $10.