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Committee clarifies how released prisoners show indigence for court filing fees
Summary
House Bill 199, requested by the attorney general, clarifies in forma pauperis procedures for prisoners who are released before filing and standardizes required financial disclosures; the committee adopted technical amendments and reported the bill as amended.
House Bill 199, a bill the attorney general requested to clarify how prisoners who are no longer incarcerated must show indigence to proceed in forma pauperis, was reported as amended by the House Civil Law and Procedure Committee on May 13.
Representative Edmondson explained the bill clarifies the information required from a prisoner who is "no longer incarcerated at the time of his application to proceed in forma pauperis" and aligns the PRA (Prison Litigation Reform Act) procedures with the existing in forma pauperis framework. Alex Rheinboth of the attorney general's office said the bill responds to a court decision that had exempted released prisoners from certain PLRA filing requirements; HB199 would require released prisoners to disclose current assets and supporting documentation.
The committee adopted amendment set 2,554, which the clerk described as making technical renumbering changes and specifying requirements for partial filing fees tied to trust-account balances or present assets. Chief Deputy Attorney General Larry Freeman and AG litigation staff answered members' questions about how trust-account balances and institutional equivalents are certified and how filing fees are collected over time.
After discussion and the adoption of the amendment, the committee reported HB199 as amended with no objection. Sponsors described the bill as a procedural clarification so released prisoners' filings are treated consistently with incarcerated filers when PLRA requirements apply.
