Missouri Laws 217.262 – Frivolous lawsuits, false testimony, abuse of judicial system by offender — ..
1. An additional sixty days shall be added to the time that an offender is first eligible for parole consideration hearing or a sum of up to fifty percent of the average balance of the offender’s account for any portion of the preceding twelve months during which the offender’s account had a positive balance, shall be deducted from an offender’s account for each instance that a court finds that the offender has done any of the following while in the custody of the department:
(1) Filed a false, frivolous or malicious action or claim with the court;
Terms Used In Missouri Laws 217.262
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Department: the department of corrections of the state of Missouri. See Missouri Laws 217.010
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Offender: a person under supervision or an inmate in the custody of the department. See Missouri Laws 217.010
- Property: includes real and personal property. See Missouri Laws 1.020
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) Brought an action or claim with the court solely or primarily for delay or harassment;
(3) Unreasonably expanded or delayed a judicial proceeding;
(4) Testified falsely or otherwise submitted false evidence or information to the court;
(5) Attempted to create or obtain a false affidavit, testimony, or evidence; or
(6) Abused the discovery process in any judicial action or proceeding.
2. The department of corrections may promulgate rules in accordance with section 217.040 providing that the conduct described in subdivisions (1) to (6) of subsection 1 of this section shall be a conduct violation and subject an offender to discipline.
3. The maximum term of imprisonment of an offender as imposed by the sentencing court shall not be extended by the provisions of subsection 1 of this section.
4. In no instance shall the balance of an offender’s account be reduced to an amount less than ten dollars pursuant to this section. The amount due pursuant to subsection 1 of this section may be deducted from any compensation payable or later paid to the offender, or from any other property belonging to the offender in the custody and control of the department.