SB106 Alabama 2013 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

Regular Session 2013

Title

Prisoner Litigation Reform Act, created, administrative remedies for certain claims for prisoners required to be exhausted prior to filing suit, procedures adopted by the Department of Corrections, repayment of certain costs when proceeding in forma pauperis, maintenance of certain records required, resolution of certain prison condition claims by three-judge panel

Summary

SB106 creates the Alabama Prisoner Litigation Reform Act, setting tight rules for pro se prisoner lawsuits—including administrative-exhaustion requirements, limits on mental-injury claims, costs and records handling, and the use of a three-judge panel for certain prison-condition cases.

What This Bill Does

If passed, the act requires prisoners to exhaust internal administrative remedies before filing pro se civil actions, restricts mental-injury claims to those with prior physical injury, and outlines how court costs are handled for those proceeding in forma pauperis. It also requires the Department of Corrections (and contractors) to establish and publish these remedies, and it permits court dismissal for frivolous or improper actions. In special prison-condition cases, it mandates a three-judge panel, and it sets rules for discovery, subpoenas, and how damages are paid (including satisfying restitution first).

Who It Affects

• Prisoners incarcerated in Alabama state facilities who sue pro se: must exhaust administrative remedies, face limitations on certain injury claims, may have costs and procedural restrictions, and could be subject to a three-judge panel for prison-condition cases.
• The Alabama Department of Corrections and private contractors: must create and publish internal administrative remedies, may share prisoner records with defense counsel, and must respond to pro se actions within specified timeframes.

Key Provisions

• Prisoners must exhaust all administrative remedies before filing a pro se civil action for conditions of confinement or related government actions; actions filed without exhaustion are dismissed without prejudice.
• Mental or emotional injury claims require a prior showing of physical injury for pro se actions, with other injury standards defined in the act.
• Administrative remedies must be adopted, posted, and recognized; courts take judicial notice of remedies filed with the Alabama Supreme Court Clerk.
• Damages awarded to prisoners must first be used to satisfy outstanding restitution orders, with any remaining funds released to the prisoner and victims notified before payment.
• In forma pauperis filing rules require account information, monthly repayment of filing fees (20% of average monthly balance), and possible dismissal if payments are not made; three or more frivolous/malicious/failure-to-state-claim dismissals can bar in forma pauperis status unless imminent danger exists.
• Discovery and subpoenas are restricted; discovery requests require court rulings first, and subpoenas must be approved by a judge after review.
• Three-judge panels are used for certain prison-condition cases, with specific procedures for forming and convening the panel and for prisoner release orders under strict criteria.
• Prisoner records, including medical records, are property of the Department and may be shared with defense counsel in relevant actions.
• Consolidation of multiple pro se prisoner actions is prohibited, and class actions are not allowed; non-first plaintiffs in multi-plaintiff suits may be dismissed.
• Time limits for seeking writs of certiorari are set (one year post-incident or after exhaustion of remedies).
• Effective date is immediate upon governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses