SB 80: "An Act relating to prisoner litigation, post-conviction relief, and sentence appeals and to execution on judgments against prisoners' accounts; amending Alaska Rule of Administrative Procedure 10(e), Alaska Rule of Appellate Procedure 502(b), Alaska Rule of Civil Procedure 26, and Alaska Rule of Criminal Procedure 35; and providing for an effective date."
00SENATE BILL NO. 80 01 "An Act relating to prisoner litigation, post-conviction relief, and sentence appeals 02 and to execution on judgments against prisoners' accounts; amending Alaska 03 Rule of Administrative Procedure 10(e), Alaska Rule of Appellate Procedure 04 502(b), Alaska Rule of Civil Procedure 26, and Alaska Rule of Criminal 05 Procedure 35; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 09.19.010(b) is amended to read: 08 (b) To apply for a filing fee exemption, a prisoner shall submit to the court 09 (1) an affidavit that clearly discloses that the person is a prisoner and 10 that sets out 11 (A) the prisoner's complete financial situation, including the 12 prisoner's income, money in financial accounts, assets, and court-ordered 13 payments; 14 (B) the circumstances that prevent the prisoner from paying full
01 filing fees; and 02 (C) the nature of the action or appeal and specific facts that 03 would, if proven, state a claim upon which relief can be granted or entitle the 04 prisoner to reversal on appeal; 05 (2) a certified copy of the prisoner's account statement from the 06 correctional facility in which the prisoner is being or has been held for the six-month 07 period preceding the submission of the application; and 08 (3) other documentation or financial information as the court may 09 require. 10 * Sec. 2. AS 09.19.050 is amended to read: 11 Sec. 09.19.050. Discovery in prisoner cases. The automatic disclosure 12 provisions of Alaska Rules [RULE] of Civil Procedure 16.1 and 26 do not apply to 13 litigation against the state brought by a prisoner. 14 * Sec. 3. AS 09.19.100(1) is amended to read: 15 (1) "litigation against the state" means a civil action or an appeal from 16 a civil action or from the final decision of an administrative agency, a petition for 17 review, a petition for hearing, an original application for relief, or any other 18 action filed under the Alaska Rules of Appellate Procedure that 19 (A) involves the state, an officer or agent of the state, or a state 20 employee, or a former officer or agent of the state or state employee, regarding 21 conduct that occurred during that former officer's, agent's, or employee's state 22 employment or agency, whether the officer, agent, or employee is sued in an 23 official or a personal capacity; and 24 (B) is related to a person's status or treatment as a prisoner, 25 [OR] to a criminal charge against or involving the person, or alleged violation 26 of the person's constitutional rights; 27 * Sec. 4. AS 09.38 is amended by adding a new section to read: 28 Sec. 09.38.042. Execution on prisoner's account. (a) In an execution on a 29 prisoner's account at a correctional facility in which a prisoner is being held, the 30 judgment or balance due on the writ of execution becomes a lien on the prisoner's 31 account to the extent that money in the account is not exempt from execution. The
01 lien continues as to subsequent deposits into the prisoner's account until the total 02 amount paid under the writ of execution equals the amount stated on the writ, except 03 that the lien terminates sooner if the underlying judgment is vacated, modified, or 04 satisfied in full, or if the writ is dismissed. 05 (b) All nonexempt deposits subject to the continuing lien under (a) of this 06 section shall be paid to the court. Accrued interest on the judgment or balance due as 07 reflected on the writ of execution may be attached under a supplemental writ of 08 execution after the principal amount of the original writ of execution has been paid. 09 (c) Notwithstanding the provisions of (a) and (b) of this section, and subject to 10 the provisions of AS 09.38.065, up to $20 in a prisoner's account at a correctional 11 facility is exempt from execution. 12 * Sec. 5. Rule 502(b), Alaska Rules of Appellate Procedure, is amended to read: 13 (b) Extensions of Time. When by these rules or by a notice given thereunder 14 or by order of the appellate court an act is required or allowed to be done at or within 15 a specified time, the appellate court may in its discretion, either on motion of a party, 16 showing good cause, or sua sponte: 17 (1) Extend the time period, either before or after its expiration or 18 (2) Validate an act done after the expiration of the time period. 19 Motions to extend a time period, or to validate an act done after the expiration of the 20 time period, must comply with Rule 503. Time periods specified in the Appellate 21 Rules, including time periods for doing an act or filing a document in the trial court, 22 may be extended only by the appellate courts and not by the trial court. In a matter 23 requesting review of or appealing a criminal conviction or sentence, this rule does 24 not authorize an appellate court or the superior court when acting as an 25 intermediate appellate court to allow a notice of appeal, petition for review, or 26 petition for hearing to be filed more than 60 days late from the specified time. 27 * Sec. 6. Rule 35, Alaska Rules of Criminal Procedure, is amended by adding a new 28 subsection to read: 29 (g) Relaxing the time period for request. A court may not relax by more 30 than 10 days the time period in which a request to modify or reduce a sentence under 31 (b) of this rule must be filed.
01 * Sec. 7. The provisions of sec. 2 of this Act have the effect of changing Alaska Rule of 02 Civil Procedure 26 by providing that the automatic disclosure provisions of the rule do not 03 apply to litigation against the state brought by prisoners. 04 * Sec. 8. The provisions of sec. 3 of this Act have the effect of changing Alaska 05 Administrative Rule 10(e) by expanding the definition of "litigation against the state" so that 06 it has the meaning given in AS 09.19.100 as amended by sec. 3 of this Act. 07 * Sec. 9. This Act applies to offenses committed before, on, or after the effective date of 08 this Act. 09 * Sec. 10. Sections 2 and 3 of this Act take effect only if secs. 7 and 8 of this Act take 10 effect. 11 * Sec. 11. Sections 5 - 8 of this Act take effect July 1, 1997 only if secs. 5 - 8 of this Act 12 receive the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 13 of the State of Alaska. 14 * Sec. 12. Except as provided in sec. 11 of this Act, this Act takes effect July 1, 1997.