[First Reprint]

ASSEMBLY, No. 879

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblymen BLEE, GIBSON, Allen, DeSopo, Gregg and LeFevre

 

 

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. 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]

    a. In any civil action filed by an inmate in which the defendant is represented by the Attorney General or county counsel and the Attorney General or county counsel believes the lawsuit is frivolous, the Attorney General or county counsel shall move to recover costs and fees.

    b. The commissioner shall promulgate regulations providing for the forfeiture of progressive time credits authorized pursuant to R.S.30:4-140 when an inmate's lawsuit:

    (1) was filed to harass or retaliate against another individual, to disrupt or interfere with the operation of the correctional institution, or for some other malicious purpose, and

    (2) has been determined by a court to be frivolous1.

 

    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 1[proceeding] preceding1 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 1[proceeding] preceding1 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 1[P.L. c. (C. ) (now pending before the Legislature as Senate Committee Substitute for Senate Bill Nos. 1751 and 1908 of 1995)] P.L. 1995, c.254 (C.30:7E-1 et seq.)1.

 

    4. As used in this act:

    1[a.] "Commissioner" means the Commissioner of Corrections.1     "Inmate" means a person sentenced to imprisonment, or ordered to pretrial or investigative detention, in a State prison or county jail.

    1[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.]1

                        

    5. This act shall take effect immediately.


 

Establishes several procedures with regard to civil actions filed by inmates of State and county correctional institutions.