PRISONERS’ FILING FEES                                                  S.B. 1214 (S-1): FLOOR ANALYSIS

Senate Bill 1214 (Substitute S-1 as reported by the Committee of the Whole)

Sponsor: Senator George A. McManus, Jr.

Committee: Judiciary

CONTENT

The bill would amend the Department of Corrections (DOC) law to require an order of parole to contain a condition that the parolee pay the following amounts owed by the prisoner, if applicable:

--  The balance of filing fees and costs ordered to be paid under Section 2963 of the Revised Judicature Act (which Senate Bill 1215 would add).

--  The balance of any filing fee ordered to be paid by a Federal court and any unpaid order of costs assessed against the prisoner.

The bill is tie-barred to Senate Bill 1215, which would require a prisoner to pay his or her civil filing fees; and to House Bill 4990, which would require the DOC to pay a prisoner’s court-ordered court costs from his or her institutional account.

MCL 791.236                                                                                 Legislative Analyst: S. Margules

FISCAL IMPACT

The fiscal impact on State government is indeterminate. The provisions outlined in the bills could increase filing fee revenues depending on the number of prisoners who commenced a civil action and the assets of the prisoners. The amounts are not expected to be significant as the charging of filing fees also could deter prisoners from filing these actions.

In 1995, prisoners filed a total of 1,854 cases in State and Federal courts. However, given that prisoners also are required to pay supervision fees, crime victims rights fees, and other assessments, on average, prisoner accounts do not have significant account balances to cover additional fees for court filings. The current cost for filing a civil action is $90. To the extent that charging prisoners the filing fees would reduce the number of cases filed, savings also could accrue to the State. Finally, the new administrative responsibilities required by the Department of Corrections for managing payment from prisoner accounts could increase departmental operating expenditures, the exact amount of which is presently not known.

Date Completed: 12-3-96                                                                            Fiscal Analyst: M. Ortiz

M. Hansen

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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.