H-4485.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 2218

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Schoesler, Radcliff, Koster, Smith, Horn, Sheahan, Thompson, Blanton, Costa, Backlund and Quall)

Read first time 01/19/96.

Forfeiting an offender's earned early release time for certain acts involving civil actions.

     AN ACT Relating to civil actions involving offenders; adding a new section to chapter 72.09 RCW; adding a new section to chapter 9.92 RCW; adding a new section to chapter 70.48 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 72.09 RCW to read as follows:

     An offender shall forfeit all earned early release time attributable to good conduct that was earned up to the time of the commission of the act, or forfeit such part of the earned early release time as the secretary considers just, if a state or federal court finds that the offender committed one or more of the following acts in the course of a civil action concerning the department of corrections or any of its employees:

     (1) Bringing a claim without substantial justification;

     (2) Bringing a claim solely or primarily for delay or harassment;

     (3) Unreasonably expanding or delaying a proceeding;

     (4) Engaging in abuse of discovery;

     (5) Presenting forged, false, or intentionally misleading documents or statements; or

     (6) Contempt.

NEW SECTION. Sec. 2.  A new section is added to chapter 9.92 RCW to read as follows:

     An offender shall forfeit all earned early release time attributable to good behavior that was earned up to the time of the commission of the act, or forfeit such part of the earned early release time as the correctional agency having jurisdiction considers just, if a state or federal court finds that the offender committed one or more of the following acts in the course of a civil action concerning the correctional agency or any of its employees:

     (1) Bringing a claim without substantial justification;

     (2) Bringing a claim solely or primarily for delay or harassment;

     (3) Unreasonably expanding or delaying a proceeding;

     (4) Engaging in abuse of discovery;

     (5) Presenting forged, false, or intentionally misleading documents or statements; or

     (6) Contempt.

NEW SECTION. Sec. 3.  A new section is added to chapter 70.48 RCW to read as follows:

     An offender shall forfeit all earned early release time attributable to good behavior that was earned up to the time of the commission of the act, or forfeit such part of the earned early release time as the person responsible for the operation of the jail considers just, if a state or federal court finds that the offender committed one or more of the following acts in the course of a civil action concerning the jail or any of its employees:

     (1) Bringing a claim without substantial justification;

     (2) Bringing a claim solely or primarily for delay or harassment;

     (3) Unreasonably expanding or delaying a proceeding;

     (4) Engaging in abuse of discovery;

     (5) Presenting forged, false, or intentionally misleading documents or statements; or

     (6) Contempt.

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