H-1251.1  _______________________________________________

                          HOUSE BILL 2018

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Fortunato, Koster, Mielke, Grant and Thomas

Read first time 02/12/1999.  Referred to Committee on Criminal Justice & Corrections.

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 forfeits all earned early release time attributable to good conduct that was earned up to the time of the commission of the act, or forfeits 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 forfeits all earned early release time attributable to good behavior that was earned up to the time of the commission of the act, or forfeits 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 forfeits all earned early release time attributable to good behavior that was earned up to the time of the commission of the act, or forfeits 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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