Bill Text: HI SB2225 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prison Litigation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-03-14 - (H) The committee(s) on PBM recommend(s) that the measure be deferred. [SB2225 Detail]

Download: Hawaii-2012-SB2225-Amended.html

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STAND. COM. REP. NO. 2059

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2225

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committees on Public Safety, Government Operations, and Military Affairs and Judiciary and Labor, to which was referred S.B. No. 2225 entitled:

 

"A BILL FOR AN ACT RELATING TO PRISON LITIGATION,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to impose certain limitations and conditions on in forma pauperis prisoner lawsuits.

 

     Your Committees received testimony in support of this measure from the Department of Public Safety and State Attorney General.  Testimony in opposition was received from the Community Alliance on Prisons and American Civil Liberties Union of Hawai‘i.

 

     This measure is patterned after the federal Prison Litigation Reform Act, which was enacted in 1996.  This measure requires a prisoner who is seeking to file a lawsuit in forma pauperis to submit financial documents certified by the detaining facility indicating the prisoner's inability to pay the filing fees for the lawsuit or appeal.  The proposed procedure, among other things, requires inmates seeking in forma pauperis status to pay a portion of the filing fee when funds are available in the inmate's trust account.

 

     Your Committees find that this measure balances a prisoner's

right to file complaints or litigation with the need to eliminate frivolous and unnecessary litigation, and reduces the costs associated with the litigation of prisoner lawsuits.  However, your Committees caution the courts to protect basic constitutional rights to counsel in deciding whether to authorize an inmate to proceed in forma pauperis, depending on the nature of the proposed action.

 

     As affirmed by the records of votes of the members of your Committees on Public Safety, Government Operations, and Military Affairs and Judiciary and Labor that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2225 and recommend that it pass Second Reading and be referred to the Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committees on Public Safety, Government Operations, and Military Affairs and Judiciary and Labor,

 

____________________________ CLAYTON HEE, Chair		____________________________ WILL ESPERO, Chair