Summary: S.866 — 104th Congress (1995-1996)All Information (Except Text)

There is one summary for S.866. Bill summaries are authored by CRS.

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Introduced in Senate (05/25/1995)

Prison Litigation Reform Act of 1995 - Amends the Federal judicial code to require a prisoner of a Federal, State, or local institution seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security to submit a certified copy of the prisoner's trust fund account statement for the six-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each institution at which the prisoner is or was confined.

Requires a prisoner who brings a civil action or files an appeal in forma pauperis to pay the full amount of a filing fee. Directs the court to assess, and when funds exist to collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of the average monthly deposits to the prisoner's account or the average monthly balance in the prisoner's account for such six-month period.

Requires the prisoner, after paying the initial partial filing fee, to make monthly payments of 20 percent of the preceding month's income credited to the prisoner's account. Directs the agency having custody of the prisoner to forward payments from such account to the clerk of the court each time the amount in the account exceeds $10 until the filing fees are paid.

Sets forth similar provisions regarding the payment of costs by the prisoner.

Revises provisions regarding the appointment of counsel in forma pauperis proceedings to require the court to dismiss the case at any time if the allegation of poverty is untrue or if the court determines that the action or appeal is frivolous or malicious or fails to state a claim on which relief may be granted.

Sets forth provisions regarding: (1) judicial screening of complaints in civil actions brought by prisoners against governmental entities; and (2) limits on Federal tort and civil rights claims by prisoners.

Authorizes the court to revoke earned release credit under specified circumstances.

Amends the Civil Rights of Institutionalized Persons Act to require exhaustion of administrative remedies before permitting a civil action for deprivation of rights.