PARRIS N. GLENDENING, Governor

S.B. 516

(2) IF A PRISONER HAS FILED THREE OR MORE CIVIL ACTIONS THAT
HAVE BEEN DECLARED TO BE FRIVOLOUS BY ANY STATE OR FEDERAL COURT, A
COURT MAY PLACE THE PRISONER'S REMAINING AND FUTURE CIVIL ACTIONS ON
AN INACTIVE CASE LIST AND PERMIT THE PRISONER TO PURSUE ONLY ONE CIVIL
ACTION OR APPEAL AT A TIME, REGARDLESS OF JURISDICTION.

5-505.

(A)     A COURT MAY INCLUDE IN ITS FINAL ORDER OR JUDGMENT IN ANY CIVIL
ACTION A FINDING THAT THE ACTION WAS FRIVOLOUS.

(B)     A FINDING UNDER SUBSECTION (A) OF THIS SECTION SHALL BE
REFLECTED IN THE DOCKET ENTRIES OF THE CASE.

(C) (1) A PRISONER WHO HAS FILED THREE OR MORE CIVIL ACTIONS THAT
HAVE BEEN DECLARED TO BE FRIVOLOUS BY A COURT OF THIS STATE OR A FEDERAL
COURT FOR A CASE ORIGINATING IN THIS STATE MAY NOT FILE ANY FURTHER CIVIL
ACTIONS WITHOUT LEAVE OF COURT.

(2) IF A PRISONER HAS FILED THREE OR MORE CIVIL ACTIONS THAT HAVE
BEEN DECLARED TO BE FRIVOLOUS BY A COURT OF THIS STATE OR A FEDERAL COURT
FOR A CASE ORIGINATING IN THIS STATE, A COURT MAY PLACE THE PRISONERS
REMAINING AND FUTURE CIVIL ACTIONS ON AN INACTIVE CASE LIST AND PERMIT THE
PRISONER TO PURSUE ONLY ONE CIVIL ACTION AT A TIME, REGARDLESS OF
JURISDICTION.

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 OF 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 PRISONER'S CUSTODIAN SHALL NOTIFY, IN WRITING, THE
VICTIM OR VICTIMS OF THE CRIME FOR WHICH THE PRISONER IS INCARCERATED
AND THE RECIPIENT OR RECIPIENTS OF ANY CHILD SUPPORT OBLIGATION FOR
WHICH THE PRISONER IS RESPONSIBLE.

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