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PAG LIN 1 1 Section 1. Section 903A.3, subsection 1, Code 1997, is 1 2 amended to read as follows: 1 3 1.UponExcept as otherwise provided in this section, upon 1 4 finding that an inmate has violated an institutional rule, or 1 5 has had an action or appeal dismissed under section 610A.2, 1 6 the independent administrative law judge may order forfeiture 1 7 of any or all good conduct time earned and not forfeited up to 1 8 the date of the violation by the inmate and may order 1 9 forfeiture of any or all good conduct time earned and not 1 10 forfeited up to the date the action or appeal is dismissed, 1 11 unless the court entered such an order under section 610A.3. 1 12TheUpon receipt of an order dismissing an action or appeal, 1 13 brought by an inmate against the state or the correctional 1 14 institution, on finding that the action or appeal is frivolous 1 15 or malicious in whole or in part, the independent 1 16 administrative law judge shall order forfeiture of good 1 17 conduct time earned and not forfeited up to the date on which 1 18 the order is received in the manner provided in subsection 1A, 1 19 unless the court has previously entered an order under section 1 20 610A.3. Except as otherwise provided in subsection 1A, the 1 21 independent administrative law judge has discretion within the 1 22 guidelines established pursuant to section 903A.4, to 1 23 determine the amount of time that should be forfeited based 1 24 upon the severity of the violation. Prior violations by the 1 25 inmate may be considered by the administrative law judge in 1 26 the decision. 1 27 Sec. 2. Section 903A.3, Code 1997, is amended by adding 1 28 the following new subsection: 1 29 NEW SUBSECTION. 1A. a. Unless the court has previously 1 30 ordered forfeiture of good conduct time under section 610A.3, 1 31 when the department or institution in which an inmate is 1 32 confined receives an order of the court under section 610A.2 1 33 dismissing an action or appeal by an inmate against the state, 1 34 the department, or the institution on a finding that the 1 35 action or appeal is frivolous or malicious in whole or in 2 1 part, the independent administrative law judge shall order the 2 2 forfeiture of the inmate's good conduct time as follows: 2 3 (1) Sixty days of an inmate's accrued good conduct time, 2 4 if one order has been previously received. 2 5 (2) One hundred twenty days of an inmate's accrued good 2 6 conduct time, if two orders have been previously received. 2 7 (3) One hundred eighty days of an inmate's accrued good 2 8 conduct time, if three orders have been previously received. 2 9 (4) If four or more orders have been previously received, 2 10 the inmate shall no longer be eligible for reductions in 2 11 section for good conduct under section 903A.2. 2 12 b. For purposes of determining the amount of time which 2 13 shall be forfeited, orders of the court forfeiting good 2 14 conduct time shall be considered as orders previously 2 15 received. 2 16 Sec. 3. Section 903A.3, subsection 3, Code 1997, is 2 17 amended to read as follows: 2 18 3.TheExcept for good conduct time forfeited pursuant to 2 19 subsection 1A or an order of the court under section 610A.3 2 20 for a frivolous or malicious action or appeal, the director of 2 21 the Iowa department of corrections or the director's designee, 2 22 may restore all or any portion of previously forfeited good 2 23 conduct time for acts of heroism or for meritorious actions. 2 24 The director shall establish by rule the requirements as to 2 25 which activities may warrant the restoration of good conduct 2 26 time and the amount of good conduct time to be restored. 2 27 Rules established shall provide that good conduct time 2 28 forfeited pursuant to subsection 1A or an order of the court 2 29 under section 610A.3 for a frivolous or malicious action or 2 30 appeal against the state, the department, or the institution 2 31 shall not be restored. 2 32 EXPLANATION 2 33 This bill provides for the reduction of and eventual 2 34 elimination of eligibility for good conduct time which was 2 35 earned by an inmate of a department of corrections' 3 1 institution who files frivolous or malicious lawsuits against 3 2 the state, the department, or the institution. An inmate for 3 3 whom two orders dismissing an action or appeal on the grounds 3 4 that the action or appeal is frivolous or malicious will lose 3 5 60 days of accrued good conduct time, unless the court has 3 6 provided for the forfeiture of a different amount of good 3 7 time. If three orders have been received, unless the court 3 8 has otherwise provided, the inmate will lose 120 days of 3 9 accrued good conduct time. If four orders have been received, 3 10 unless the court has otherwise provided, the inmate will lose 3 11 180 days of accrued good conduct time. If five or more orders 3 12 have been received, the inmate will no longer be eligible for 3 13 accrual of good time. Good time which is forfeited because of 3 14 the filing of frivolous or malicious lawsuits cannot be 3 15 restored. 3 16 LSB 1945HH 77 3 17 lh/jj/8
Text: HF00480 Text: HF00482 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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