| 1 | 1 | | General Assembly Raised Bill No. 1159 |
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| 2 | 2 | | January Session, 2011 LCO No. 4238 |
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| 3 | 3 | | *04238_______JUD* |
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| 4 | 4 | | Referred to Committee on Judiciary |
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| 5 | 5 | | Introduced by: |
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| 6 | 6 | | (JUD) |
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| 7 | 7 | | |
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| 8 | 8 | | General Assembly |
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| 9 | 9 | | |
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| 10 | 10 | | Raised Bill No. 1159 |
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| 11 | 11 | | |
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| 12 | 12 | | January Session, 2011 |
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| 13 | 13 | | |
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| 14 | 14 | | LCO No. 4238 |
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| 15 | 15 | | |
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| 16 | 16 | | *04238_______JUD* |
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| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (JUD) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING COURT ACTIONS FILED BY INMATES. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. (NEW) (Effective October 1, 2011) (a) If in any civil matter an inmate, as defined in section 18-84 of the general statutes, files an application for the waiver of a fee or fees payable to the court or the cost of service of process pursuant to section 52-259b of the general statutes, such inmate shall file an affidavit of indigency on a form prescribed by the Chief Court Administrator and submit a certified copy of the inmate's account held in trust by the Department of Correction for the six-month period immediately preceding the date the complaint or notice of appeal was filed. The court may institute an investigation into the financial status of such inmate as the circumstances warrant. With respect to such investigation, the court may require the inmate, or the parents, guardians or other persons responsible for the support of the inmate, or those persons holding property in trust or otherwise for the inmate, to execute and deliver such written authorizations as may be necessary to provide the court with access to records from public or private sources, otherwise confidential, or any other information, which may be relevant to deciding eligibility for the waiver of a fee or fees under this section. The court may obtain information from any office of the state or any subdivision or agency thereof on request, without the payment of any fees. |
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| 29 | 29 | | |
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| 30 | 30 | | (b) In any civil matter brought by an inmate who is determined by the court to be indigent and unable to pay fees payable to the court or to pay the cost of service of process, the court, in lieu of waiving such fees and the cost of service of process, may order such inmate to pay such fees or cost over a period of time and order the Commissioner of Correction to deduct each month from the inmate's account held in trust by the Department of Correction an amount equal to twenty per cent of the greater of (1) the income credited to such account in the preceding month, or (2) the average monthly balance in such account for the six-month period immediately preceding the date the complaint or notice of appeal was filed. The commissioner shall not forward to the clerk of the court the amount deducted until the total amount of the monthly deductions equals the fees payable to the court or the cost of service of process, or the inmate is released from the custody of the Commissioner of Correction, whichever is earlier. |
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| 31 | 31 | | |
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| 32 | 32 | | (c) If an inmate who files an application for a waiver of fees payable to the court or the cost of service of process pursuant to section 52-259b of the general statutes has had three or more previous complaints or appeals dismissed by a state or federal court on the grounds that such complaints or appeals were frivolous or malicious or failed to state a claim upon which relief may be granted, the court shall not waive such fees and costs pursuant to section 52-259b of the general statutes or order such inmate to pay such fees or costs over a period of time pursuant to subsection (b) of this section, unless the court determines that such waiver or order is necessary to prevent imminent serious physical harm to the inmate. |
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| 33 | 33 | | |
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| 34 | 34 | | (d) In any civil matter brought by an inmate who is determined by the court to be liable for double or treble damages pursuant to section 52-568 of the general statutes, the court may order such inmate to pay such fees or costs over a period of time pursuant to subsection (b) of this section. |
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| 35 | 35 | | |
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| 36 | 36 | | |
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| 37 | 37 | | |
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| 38 | 38 | | |
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| 39 | 39 | | This act shall take effect as follows and shall amend the following sections: |
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| 40 | 40 | | Section 1 October 1, 2011 New section |
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| 41 | 41 | | |
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| 42 | 42 | | This act shall take effect as follows and shall amend the following sections: |
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| 43 | 43 | | |
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| 44 | 44 | | Section 1 |
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| 45 | 45 | | |
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| 46 | 46 | | October 1, 2011 |
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| 47 | 47 | | |
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| 48 | 48 | | New section |
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| 49 | 49 | | |
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| 50 | 50 | | Statement of Purpose: |
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| 51 | 51 | | |
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| 52 | 52 | | To clarify the standards and process for assessing and collecting court fees from inmates in civil actions, and provide that damages assessed against an inmate for bringing a civil action without probable cause be payable from the inmate's account held in trust by the Department of Correction. |
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| 53 | 53 | | |
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| 54 | 54 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] |
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