SB 1369 — PRISON LITIGATION

*LRB09503763RLC23792b* SB1369 95THEngrossed GENERALLRB095 ASSEMBLY03763 StateRLC of23792 Illinoisb andAN 2008ACT SB1369concerning Introducedprison 2/9/2007,litigation. by Sen.

James F.

Clayborne, Jr.

SYNOPSIS AS INTRODUCED:

New Act Creates the Prison Litigation Reform Act.

Provides that the court, on its own motion or on the motion of a party, shall dismiss any inmate suit relating to the conditions of confinement or the effects of actions by government officials on the lives of persons confined in prison if the court is satisfied that the action is frivolous, is malicious, seeks monetary relief from a defendant who is immune from such relief, or fails to state a cause of action based upon which relief can be granted.

Provides that if the court makes a determination to dismiss a suit based on the content, or lack thereof, of the complaint, the court may dismiss the underlying claim without first requiring the exhaustion of administrative remedies.

Provides that before service of process on the defendants, the court shall review the complaint in any civil action in which an inmate seeks redress from a governmental entity or officer or employee of a governmental entity.

Provides that in any inmate suit in which attorney’s fees are authorized, such fees shall be awarded only to the extent they were directly and reasonably incurred in proving an actual violation of the plaintiff’s rights protected by a statute pursuant to which fees may be awarded, and the amount of the fee is proportionately related to the court-ordered relief for the violation or the fee was directly and reasonably incurred in enforcing the relief ordered for the violation.

Provides that an inmate may not bring a civil action or appeal a judgment in a civil action or proceeding in forma pauperis if the inmate has, on 3 or more prior occasions while incarcerated or detained in any facility, brought an action or appeal in a State court that was dismissed on the grounds that it was frivolous or malicious, unless the inmate is in imminent danger of serious physical injury.

LRB095 03763 RLC 23792 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB1369 LRB095 03763 RLC 23792 b AN ACT concerning prison litigation.

In this Act, the enumerated terms SB1369 Engrossed - 2 - LRB095 03763 RLC 23792 b shall have the following meanings:

(6) "Frivolous" means that a pleading, motion or other filing which purports to be a legal document filed by an inmate SB1369 Engrossed - 3 - LRB095 03763 RLC 23792 b in his or her suit meets any one or more of the following criteria:

or (e) the denials of factual contentions are not warranted on the evidence or, if specifically so identified, are not reasonably based on a lack orof information or belief.

(8) "Inmate release order" means any order, including a temporary restraining order or preliminary injunction, that SB1369 Engrossed - 4 - LRB095 03763 RLC 23792 b has the purpose or effect of reducing or limiting the inmate population, or that directs the release of inmates from or prohibits the admission of inmates to a correctional facility.

(2) "Available" means all administrative remedies adopted by governmental entities, which address claims of SB1369 Engrossed - 5 - LRB095 03763 RLC 23792 b the kind asserted by the inmate, even if the administrative remedies do not allow the prisoner the particular kind of relief sought.

SB1369 Engrossed - 6 - LRB095 03763 RLC 23792 b (e) No inmate suit may assert a claim under State law for mental or emotional injury suffered while in custody without alleging and showing a physical injury.

SB1369 Engrossed - 7 - LRB095 03763 RLC 23792 b (b) A court shall not authorize or permit service of process in an inmate suit until there has been compliance with both of the following:

(b) Whenever a monetary judgment is awarded in an action described in subsection (a), a portion of the judgment, not to exceed 25%, shall be applied to satisfy the amount of SB1369 Engrossed - 8 - LRB095 03763 RLC 23792 b attorney’s fees awarded against the defendant.

The court shall assess and, when funds exist, collect, as a partial payment of the fees required by SB1369 Engrossed - 9 - LRB095 03763 RLC 23792 b law, an initial partial filing fee of 20% of the greater of the average monthly deposits to the inmate’s account, or the average monthly balance in the inmate’s account for the 6-month period immediately preceding the filing of the action, notice of appeal, or writ application.

During the pendency of the stay, the inmate may not take any action to prosecute the suit, including but not limited to filing any pleadings, discovery, or motions, other than a motion for SB1369 Engrossed - 10 - LRB095 03763 RLC 23792 b voluntary dismissal or a motion to lift the stay because all costs have been paid.

(E) If a judgment against an inmate includes the payment of costs, the inmate shall be required to pay the full amount of the costs ordered, in the same manner as is provided for filing SB1369 Engrossed - 11 - LRB095 03763 RLC 23792 b fees.

(G) If an inmate has at least 3 dismissals as described in the Section on successive claims, below, but the inmate does not yet have 3 dismissals that are final under that Section, and, further, if the inmate is disqualified from proceeding as a pauper either in federal court by operation of 28 USCU.S.C. 1915(g) or in the courts of another state by operation of a similar law of that state, then the court on its own motion may, or on motion of a party shall, stay all proceedings in any other prisoner suit or appeal in which the inmate is proceeding as a pauper until such time as the dismissals become final.

This1915(g) subsectionor (g)in shallthe notcourts applyof ifanother state by operation of a similar law of that state, then the court findson thatits own motion may, or on motion of a party shall, stay all proceedings in any other prisoner suit or appeal in which the inmate is inproceeding imminentas dangera ofpauper seriousuntil physicalsuch injury.time as the dismissals become final.

This subsection (G) shall not apply if the court finds that the inmate is in imminent danger of serious physical injury.

SB1369 Engrossed - 12 - LRB095 03763 RLC 23792 b Section 40.

(b) In any civil action with respect to conditions in a correctional facility, and to the extent otherwise authorized by law, the court may enter a temporary restraining order or a SB1369 Engrossed - 13 - LRB095 03763 RLC 23792 b preliminary injunction.

(d) Any State or local official or unit of government whose jurisdiction or function includes the appropriation of funds for the construction, operation, or maintenance of correctional facilities, or the prosecution or custody of persons who may be released from, or not admitted to, a correctional facility as a result of an inmate release order shall have standing to oppose the imposition or continuation in effect of such relief and to seek termination of such relief, SB1369 Engrossed - 14 - LRB095 03763 RLC 23792 b and shall have the right to intervene in any proceeding relating to such relief.

(2) In any civil action with respect to conditions in a correctional facility, a defendant or intervener shall be entitled to the immediate termination of any prospective relief if the relief was approved or granted in the absence of a finding by the court that the relief was narrowly drawn, extended no further than was necessary to correct the violation of the stateState right, and was the least intrusive means necessary to correct the violation of the State right.

SB1369 Engrossed - 15 - LRB095 03763 RLC 23792 b (4) Nothing in this Section shall prevent any party or intervener from seeking modification or termination before the relief is terminable hereunder, to the extent that modification or termination otherwise would be legally permissible.

(a) When otherwise specifically authorized by law, in any inmate suit, the court may appoint an expert who shall be SB1369 Engrossed - 16 - LRB095 03763 RLC 23792 b disinterested and objective and will give due regard to the public safety.

In no event shall the appointment of an expert extend SB1369 Engrossed - 17 - LRB095 03763 RLC 23792 b beyond the termination of the relief.

If a civil action with respect to prison conditions is filed by an inmate in an Illinois or federal court against the State, the Department of Corrections, the Prisoner Review SB1369 Engrossed - 18 - LRB095 03763 RLC 23792 b Board, or any of their officers or employees, and the court makes a specific finding that a pleading, motion, or other paper filed by the prisoner is frivolous, the Department of Corrections shall conduct a hearing to revoke up to 180 days of good conduct credit by bringing charges against the prisoner sought to be deprived of the good conduct credits before the Prisoner Review Board, as provided in subparagraph (a)(8) of Section 3-3-2 of the Unified Code of Corrections.

Except as specifically prohibited by federal law, the provisions of this Act also shall apply to all prisoner suits brought in State court asserting claims arising under 42 USCU.S.C. 1983 or other federal laws.

1983 or other federal laws.