20-628. JAIL DISCIPLINARY ACTION FOR FRIVOLOUS OR MALICIOUS COURT PROCEEDINGS. (1) In any case, whether filed in state, federal or administrative court, in which a prisoner in a county jail 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 jail 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 county prosecutor, or the attorney general, a disciplinary hearing may be held by the appropriate authority at the county jail, pursuant to chapter 6, title 20, Idaho Code, 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 jail disciplinary detention and loss of privileges consistent with established jail disciplinary procedures.
History:
[20-628, added 1996, ch. 420, sec. 4, p. 1400.]
Structure Idaho Code
Title 20 - STATE PRISON AND COUNTY JAILS
Section 20-601 - COUNTY JAILS — BY WHOM KEPT AND FOR WHAT USE.
Section 20-602 - SEPARATE ROOMS REQUIRED.
Section 20-603 - AUTHORITY TO DESIGNATE DETENTION OFFICERS TO ACT AS PEACE OFFICERS.
Section 20-604 - CONFINEMENT — ORDER OF THE COURT.
Section 20-605 - COSTS OF CONFINEMENT.
Section 20-606 - DETERMINING CONFINEMENT COSTS — DECREE.
Section 20-607 - PRISONER REIMBURSEMENT TO THE COUNTY.
Section 20-610 - SERVICE OF PAPERS ON SHERIFF FOR PRISONER.
Section 20-611 - TEMPORARY GUARDS.
Section 20-612 - RECEPTION AND BOARD OF PRISONERS.
Section 20-613 - SECURITY FOR BOARD OF CIVIL PRISONERS.
Section 20-615 - RECEPTION OF FEDERAL PRISONERS.
Section 20-616 - SHERIFF ANSWERABLE FOR FEDERAL PRISONERS.
Section 20-617 - LABOR OF PRISONERS ON PUBLIC WORKS.
Section 20-618 - JAIL COMMISSARY FUND.
Section 20-619 - FEE FOR MEDICAL SERVICE.
Section 20-620 - NO PRISONER EXEMPT FROM LABOR.
Section 20-621 - COMMUTATION FOR GOOD BEHAVIOR.
Section 20-622 - INSPECTION OF JAIL BY COMMISSIONERS.
Section 20-624 - IMPRISONMENT FOR FINE.
Section 20-627 - UNLAWFUL CONVEYANCE OF ARTICLES INTO AND OUT OF COUNTY JAIL.
Section 20-628 - JAIL DISCIPLINARY ACTION FOR FRIVOLOUS OR MALICIOUS COURT PROCEEDINGS.