2005 Idaho Code - 20-209E — PRISON DISCIPLINARY ACTION FOR FRIVOLOUS OR MALICIOUS COURT PROCEEDINGS

                                  TITLE  20
                        STATE PRISON AND COUNTY JAILS
                                  CHAPTER 2
                          STATE BOARD OF CORRECTIONS
    20-209E.  PRISON DISCIPLINARY ACTION FOR FRIVOLOUS OR MALICIOUS COURT
PROCEEDINGS. (1) In any action, whether filed in state, federal or
administrative court, in which a prisoner submits a frivolous or malicious
claim, or knowingly testifies falsely or otherwise knowingly presents false
evidence or information to the court, the prisoner may be subject to prison
disciplinary action. Such disciplinary action may be initiated upon the
court's finding that:
    (a)  The prisoner has filed a claim that is frivolous or malicious;
    (b)  The prisoner filed a claim solely to harass the party;
    (c)  The prisoner has knowingly testified falsely or otherwise knowingly
    submitted false evidence or information to the court; or
    (d)  The prisoner has committed a fraud upon the court.
    (2)  In the absence of a finding by the court under subsection (1) of this
section, and upon review and recommendation by the office of the attorney
general, a disciplinary hearing may be held by the appropriate authority at
the prison, pursuant to section 5, article X of the constitution of the state
of Idaho, to determine whether the prisoner has filed a claim that is
malicious or intended solely to harass the party, or has testified falsely or
otherwise presented false evidence or information to the court.
    (3)  Upon a finding of guilt under either subsection (1) or (2) of this
section, the prisoner shall be subject to prison disciplinary detention and
loss of privileges consistent with established prison disciplinary procedures.

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