ASSEMBLY, No. 879
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen BLEE and GIBSON
An Act concerning civil actions by inmates of correctional facilities and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. If a court determines that any civil action or proceeding filed by an inmate is frivolous, unreasonable or groundless, the court shall order that commutation time or work credits earned by the inmate be reduced but not less than 10 but not more than 30 days. Such order shall be forwarded by the court to the appropriate State or county correctional institutional. If at the time such an order is entered, the inmate has not accumulated sufficient time to satisfy the order, the days shall be deducted from any commutation time or work credit earned in the future by the inmate.
2. a. If an inmate files an action or proceeding in any court of this State and requests a waiver of filing fees on the grounds of indigency the inmate shall attach to the filing a certified copy of the prisoner's fund account statement from the appropriate correctional institution for the six months immediately proceeding the filing of the complaint or petition. If any filing fee is waived, the inmate shall pay a partial filing fee that is 20% of the greater of;
(1) the average monthly balance in the inmate's account;
(2) the average deposits to the inmate's account;
for the six months immediately proceeding the filing of the complaint or petition. However, the partial fee may not exceed the full filing fee for the commencement of the action or proceeding.
b. If an inmate claims exceptional circumstances that render the offender unable to pay the partial filing fee required by this section, in addition to the statement of account required by subsection a. the inmate shall submit an affidavit of special circumstances setting forth the reasons and circumstances that justify relief from the partial filing fee requirement.
c. If the court approves the application to waive all fees, the court shall give written notice to the inmate that all fees and costs relating to the filing and service will be waived. If the court denies the application to waive all fees, the court shall give written notice to the inmate that the offender's case will be dismissed if the partial filing fee is not paid within 45 days after the date of the order, or within an additional period that the court may, upon request, allow. Process in an action filed by an inmate shall not be served until the fee is paid.
3. If an inmate is awarded a money judgement as the result of a civil action, the monies derived from that judgment shall be deposited in the inmate's account at the correctional institution in which the inmate is confined. These monies shall be used to satisfy any court-imposed fines, restitution or penalties which the inmate has not met. These monies may also be used to meet any claims for reimbursement for medical treatment sought by the State or a county pursuant to the provisions of P.L. c. (C. ) (now pending before the Legislature as Senate Committee Substitute for Senate Bill Nos. 1751 and 1908 of 1995).
4. As used in this act:
a. "Inmate" means a person sentenced to imprisonment, or ordered to pretrial or investigative detention, in a State prison or county jail.
b. "Commutation time and work credit" means any time earned by an inmate pursuant to any provision of law for good behavior or diligent application to work assignments.
5. This act shall take effect immediately.
STATEMENT
This bill is intended to discourage the filing of frivolous civil actions by inmates confined in State and county correctional institutions. This bill would provide that if a court determines that an action or proceeding instituted by an inmate is frivolous, unreasonable or groundless, the court shall order that any commutation time or work credits earned by the inmate be reduced by not less than 10 days nor more than 30 days.
The bill also would establish a procedure requiring an inmate to pay at least a partial fee for filing a civil action. Presently, pursuant to court rules, the fee normally charged for filing a civil action is waived if it is determined that the plaintiff is indigent. Filing fees are often waived in civil cases filed by inmates on the grounds of indigency. In order to determine the amount of the partial filing fee to be paid by the inmate instituting the action, this bill would require that if an inmate requests a waiver of a filing fee, the inmate must attach to the filing a certified statement indicating the balance for a period of six months maintained in the inmate's account at the correctional institution where the inmate is confined. The partial filing fees would be set at 20% of the greater of the average monthly balance in the inmate's account or the average monthly deposits to the inmate's account for the six months immediately proceeding the filing of the action.
In addition, this bill would provide that if an inmate is awarded a money judgment as the result of a civil action, that the monies derived from that judgment would be deposited in the inmate's institutional account. These monies could then be used to meet any court-imposed fines, restitution or penalties which the inmate has not paid. These funds would also be available to satisfy any medical costs for which the State or a county is entitled to reimbursement.
Establishes several procedures with regard to civil actions filed by inmates of State and county correctional institutions.