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ID H0135
Bill
Status
2/16/2015
Primary Sponsor
Judiciary, Rules and Administration Committee
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AI Summary
HB 135 Summary
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Creates the Idaho Prisoner Litigation Reform Act establishing procedures for civil actions by prisoners in state correctional facilities and county jails relating to confinement conditions.
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Requires prisoners to exhaust all available administrative remedies before filing civil claims, with court authority to dismiss actions without prejudice if exhaustion requirements are not met; allows exemption only if prisoner shows imminent danger of serious physical injury.
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Restricts prisoner litigation through provisions including: one-year statute of limitations from incident or remedy exhaustion, prohibition on class actions and consolidation of multiple prisoners' claims, requirement of physical injury showing before mental or emotional injury claims, and denial of in forma pauperis status for prisoners with three or more prior frivolous or malicious dismissals.
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Establishes court procedures limiting discovery and subpoenas until dispositive motions are ruled upon, allowing remote participation via telephone or video conference, and permitting judges to rule on motions without hearings.
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Directs damages awarded to prisoners be applied first to satisfy outstanding restitution orders, with reasonable efforts to notify crime victims before payment, and establishes that prisoner records are property of the department or sheriff.
Legislative Description
Adds to existing law to create the Idaho Prisoner Litigation Reform Act.
CRIMINAL PROCEDURE
Last Action
Reported Printed and Referred to Judiciary, Rules, & Administration
2/17/2015