2005 Regular Session
By: Representative Malone
AN ACT TO AMEND SECTION 47-5-76, MISSISSIPPI CODE OF 1972, TO REQUIRE AN INMATE WHO PROCEEDS IN FORMA PAUPERIS TO PAY CERTAIN LITIGATION EXPENSES TO THE DEPARTMENT OF CORRECTIONS IN INCREMENTS OF TWENTY PERCENT FROM HIS OR HER INMATE ACCOUNT; TO REMOVE THE REQUIREMENT THAT IN ORDER FOR AN INMATE TO PAY CERTAIN LITIGATION EXPENSES RELATED TO THE IN FORMA PAUPERIS PROCEEDINGS, THE INMATE MUST HAVE HAD FUNDS IN HIS OR HER ACCOUNTS DURING THE PRECEDING SIX MONTHS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-76, Mississippi Code of 1972, is amended as follows:
47-5-76. (1) Except as provided in subsection (2) of this section, if an inmate plaintiff files a pauper's affidavit in a civil action and the defendant is an employee of the department and the civil action pertains to the inmate's condition of confinement, the department shall pay, out of any funds available for such purpose, all costs of court assessed against the inmate in the civil action. However, the department shall not pay the costs of court if the inmate has on three (3) or more prior occasions, while incarcerated, brought an action or appeal that was dismissed on the grounds that it was frivolous, malicious, or failed to state a claim upon which relief could be granted.
An inmate shall not bring a civil action or appeal a judgment in a civil action or proceeding in forma pauperis if the prisoner has, on three (3) or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court that was dismissed on the grounds that it was frivolous, malicious, or failed to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.
(2) An inmate who proceeds in forma pauperis in a civil action shall pay twenty percent (20%) per month of the funds in his or her inmate account to the Department of Corrections until all filing fees and costs of his or her litigation are paid to the department. The department may withdraw such funds automatically from the account of any inmate permitted a civil filing as a pauper. If an inmate is allowed an appeal in forma pauperis of a civil action, the inmate shall reimburse all costs and fees to the department by automatic withdrawal each month in the amount of twenty percent (20%) of his or her funds until all state funds are reimbursed.
SECTION 2. This act shall take effect and be in force from and after its passage.