THE SENATE	S.B. NO.	2735
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PRISON LITIGATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 661, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§661-   Exhaustion of administrative remedies; action by prisoners, when limited. (a)  No action shall be brought in any state court with respect to prison conditions, under any state or federal law, by a prisoner confined in any jail, prison, or other correctional facility until available administrative remedies are exhausted within sixty days from the filing of a complaint by the prisoner.

(b)  As used in this section, the term "prisoner" means any person incarcerated or detained in any facility who is accused of, convicted of, or sentenced for violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.  The term does not apply to juveniles incarcerated in youth correctional facilities."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Prison Litigation

Description:

Requires prisoners to exhaust administrative remedies within sixty days of filing a complaint regarding prison conditions before bringing a civil court action.  (SD1)

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