217.262. Frivolous lawsuits, false testimony, abuse of judicial system by offender--sanctions.
Frivolous lawsuits, false testimony, abuse of judicial system byoffender--sanctions.
217.262. 1. An additional sixty days shall be added to the time thatan offender is first eligible for parole consideration hearing or a sum ofup to fifty percent of the average balance of the offender's account forany portion of the preceding twelve months during which the offender'saccount had a positive balance, shall be deducted from an offender'saccount for each instance that a court finds that the offender has done anyof the following while in the custody of the department:
(1) Filed a false, frivolous or malicious action or claim with thecourt;
(2) Brought an action or claim with the court solely or primarily fordelay or harassment;
(3) Unreasonably expanded or delayed a judicial proceeding;
(4) Testified falsely or otherwise submitted false evidence orinformation to the court;
(5) Attempted to create or obtain a false affidavit, testimony, orevidence; or
(6) Abused the discovery process in any judicial action orproceeding.
2. The department of corrections may promulgate rules in accordancewith section 217.040 providing that the conduct described in subdivisions(1) to (6) of subsection 1 of this section shall be a conduct violation andsubject an offender to discipline.
3. The maximum term of imprisonment of an offender as imposed by thesentencing court shall not be extended by the provisions of subsection 1 ofthis section.
4. In no instance shall the balance of an offender's account bereduced to an amount less than ten dollars pursuant to this section. Theamount due pursuant to subsection 1 of this section may be deducted fromany compensation payable or later paid to the offender, or from any otherproperty belonging to the offender in the custody and control of thedepartment.
(L. 1995 H.B. 424)