Provides for limitation of liability of public entities for false imprisonment of an offender sentenced to a term of imprisonment. (8/1/25)
The law proposes that any claims regarding an offender's false imprisonment must first be addressed through established administrative and judicial processes. An offender's imprisonment shall not be deemed illegal based solely on allegations of miscalculated sentences unless there is clear evidence of willful misconduct by the department. This approach is expected to guide offenders to pursue appropriate legal channels, thereby impacting how false imprisonment claims are processed and resolved within the state’s legal framework.
Senate Bill 39, introduced by Senator Morris, addresses the limitations of liability for public entities concerning false imprisonment of convicted offenders. It establishes definitions for terms such as 'false imprisonment' and 'unlawful detention' while asserting that a prisoner is lawfully incarcerated once convicted unless the terms of their imprisonment, including release dates, are exceeded without a lawful basis. This bill aims for clarity in legal proceedings regarding the actions of the Department of Public Safety and Corrections and the lawful status of inmates.
The sentiment around SB39 appears to be mixed, with supporters praising it as a necessary step to protect public entities from frivolous lawsuits while ensuring that offenders have clear avenues to challenge their imprisonment. Critics, however, may see it as a limitation on inmates' rights, potentially complicating the process for legitimate claims of wrongful incarceration. The balance between protecting public resources and ensuring justice for individuals remains a contentious issue in the legislative discussions.
A major point of contention regarding SB39 is its requirement for a 'bona fide termination' of imprisonment claims as a prerequisite for suing for false imprisonment. This stipulation could be seen as a barrier for prisoners attempting to access justice for wrongful detentions. Additionally, the bill’s provisions regarding the preemption of false imprisonment claims raise concerns over reducing accountability for public entities, potentially leading to unjust outcomes for incarcerated individuals.