Text: HF02387 Text: HF02389 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 610A.0A ADMINISTRATIVE REMEDY.
1 2 1. Before filing a civil action pursuant to this chapter,
1 3 a prisoner or inmate is required to exhaust all administrative
1 4 remedies available through the inmate grievance system.
1 5 2. The department of corrections is directed to create and
1 6 maintain a uniform inmate grievance system for tort claims by
1 7 inmates, including civil rights violations.
1 8 a. This system shall apply in all institutions listed in
1 9 section 904.102.
1 10 b. The procedures of chapter 17A for contested cases and
1 11 informal settlements, including discovery and evidentiary
1 12 rules, shall apply.
1 13 c. If an inmate agrees to an informal or formal settlement
1 14 of a grievance, the inmate shall not be permitted to litigate
1 15 the substance of the grievance under this chapter.
1 16 d. The department shall appoint one or more administrative
1 17 law judges to serve as the presiding officer in evidentiary
1 18 hearings, pursuant to section 17A.11.
1 19 3. At the conclusion of a final decision on the merits of
1 20 the grievance:
1 21 a. The administrative law judge shall issue a proposed
1 22 decision.
1 23 b. The inmate shall be issued a notice certifying that the
1 24 inmate has exhausted the administrative remedies, and may
1 25 proceed with litigation pursuant to this chapter. This
1 26 certification shall be filed in conjunction with any civil
1 27 action filed by the inmate on the matter.
1 28 EXPLANATION
1 29 This bill creates an inmate grievance system for tort
1 30 claims, including civil rights violations. This is an
1 31 administrative remedy that must be exhausted prior to
1 32 initiation of litigation by an inmate under Code chapter 610A.
1 33 The Iowa department of corrections is directed to create a
1 34 uniform administrative grievance system, subject to the
1 35 provisions of Code chapter 17A, applicable to all institutions
2 1 within the department's supervision. If an inmate agrees to a
2 2 formal or informal settlement of a case, the inmate shall not
2 3 be permitted to proceed with litigation. If the inmate
2 4 pursues the grievance through a contested case proceeding,
2 5 heard by an administrative law judge, then the inmate will
2 6 receive a notice certifying that the inmate has exhausted
2 7 administrative remedies.
2 8 Pursuant to the Prison Litigation Reform Act passed by
2 9 Congress in 1996, a prisoner will be prohibited from bringing
2 10 an action in federal court based on prison conditions or any
2 11 other federal law if the prisoner has not exhausted all
2 12 available administrative remedies.
2 13 LSB 3735HH 77
2 14 jls/jl/8
Text: HF02387 Text: HF02389 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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