PARRIS N. GLENDENING, Governor
Ch. 495
5-507.
A COURT MAY RESCIND ANY OR ALL OF A PRISONER'S DIMINUTION CREDITS
THAT HAVE BEEN AWARDED UNDER ARTICLE 27, §§ 700 AND 704A OF THE CODE IF THE
COURT FINDS THAT:
(1) THE PRISONER'S CIVIL ACTION IS FRIVOLOUS, MALICIOUS, OR HAS
BEEN FILED FOR THE PURPOSE OF HARASSING A PARTY; OR
(2) THE PRISONER TESTIFIED FALSELY OR KNOWINGLY PRESENTED
FALSE EVIDENCE OR FALSE INFORMATION TO THE COURT.
A PRISONER MAY NOT MAINTAIN A CIVIL ACTION IF THE SOLE INJURY TO THE
PRISONER IS ALLEGED MENTAL ANGUISH OR INJURY UNLESS THE PRISONER CAN
PRESENT EVIDENCE THAT THE ALLEGED MENTAL ANGUISH OR INJURY HAS
MANIFESTED ITSELF IN A PHYSICAL MANNER.
IN A CIVIL ACTION, AN AWARD FOR PUNITIVE DAMAGES AGAINST A
DEFENDANT MAY NOT EXCEED $2,000.
5-510.
IF A PRISONER FILES A CIVIL ACTION THAT IS SUBJECT TO THE ASSESSMENT
AND COLLECTION PROCEDURES UNDER 5-502 OF THIS SUBTITLE, A TRANSACTION
FEE OF $1 MAY BE LEVIED AGAINST THE PRISONER'S ACCOUNT EACH TIME THAT A
PAYMENT IS FORWARDED TO THE CLERK.
5-506.
(A) (1) ANY COMPENSATORY OR PUNITIVE DAMAGES AWARDED TO A PRISONER
IN CONNECTION WITH A CIVIL ACTION SHALL BE PAID DIRECTLY TO SATISFY ANY
OUTSTANDING RESTITUTION ORDER OR CHILD SUPPORT ORDER PENDING AGAINST 'THE
PRISONER
(2) IF THERE ARE MULTIPLE ORDERS OP RESTITUTION OR CHILD SUPPORT
PENDING AGAINST THE PRISONER ANY COMPENSATORY DAMAGES SHALL BE
DISTRIBUTED AGAINST THOSE ORDERS ON A PRO RATA BASIS
(3) (I) THE STATE, THE DEPARTMENT, AND THE DIVISION OF
CORRECTION MAY NOT BE LIABLE FOR ANY FAILURE TO CREDIT AN AWARD AS
PROVIDED IN THIS SECTION
(II) THE STATE, THE DEPARTMENT. THE DIVISION OF CORRECTION,
AND ANY COUNTY OR MUNICIPALITY, THROUGH ANY AUTHORIZED EMPLOYEE OR
OFFICIAL MAY RECLAIM ANY MONEY ERRONEOUSLY CREDITED TO A PRISONER
WITHOUT JUDICIAL ACTION IN ORDER TO COMPLY WITH THIS SECTION.
(B) IF A PRISONER IS AWARDED COMPENSATORY OR PUNITIVE DAMAGES FOR A
CIVIL ACTION, THE PRISONERS CUSTODIAN SHALL NOTIFY IN WRITING, THE VICTIM OR
- 2863 -
|