The court may hold a prisoner in contempt of court if it finds that the prisoner has, on three or more prior occasions, while incarcerated, brought in a court of this State a civil action or appeal pertaining to his incarceration or apprehension that was dismissed prior to a hearing on the merits on the grounds that the action or appeal was frivolous, malicious, or meritless. However, if the court finds the prisoner was under imminent danger of great bodily injury, as defined by Section 56-5-2945, at the time of the filing of the present action or appeal, the prisoner shall not be held in contempt. The court may sentence the prisoner to a term of imprisonment not exceeding one year for this contempt to be served consecutively to any terms of imprisonment previously imposed.
HISTORY: 1996 Act No. 455, Section 1.
Structure South Carolina Code of Laws
Title 24 - Corrections, Jails, Probations, Paroles and Pardons
Chapter 27 - Inmate Litigation
Section 24-27-100. Filing fees.
Section 24-27-110. Court costs.
Section 24-27-120. Authorization of additional payments.
Section 24-27-130. Dismissal of action for failure to pay fees or costs.
Section 24-27-140. "Prisoner" defined.
Section 24-27-150. Insufficient trust account funds.
Section 24-27-200. Forfeiture of work, education, or good conduct credits.
Section 24-27-210. Proceedings brought by Attorney General.
Section 24-27-220. Discretion of Director.
Section 24-27-300. Contempt of court.
Section 24-27-400. Indigent persons.
Section 24-27-500. Application of Religious Freedom Act to prison regulations.