(a) Upon a court’s finding pursuant to § 8803(b) or (c) of this title that a prisoner has filed a factually frivolous or malicious action, or upon a court’s finding that the action is legally frivolous and that even a pro se litigant, acting with due diligence, should have found well settled law disposing of issue(s) raised, the court may order the Department of Correction to forfeit the portion of the litigant’s behavior good time credits accumulated from the date the action was received by the court up to and including every month until the action was disposed of by the court. Upon the court’s forwarding of such an order to the Department of Correction setting forth such a finding, the Department shall forfeit the prisoner’s accumulated good time as ordered by the court. To the extent the Department does not have jurisdiction to forfeit accumulated good time for a particular prisoner, the court shall forward the order to the appropriate agency who shall forfeit the prisoners accumulated good time as ordered by the court.
(b) Upon the finding of a federal court that a prisoner has filed a factually frivolous or malicious action as defined by this chapter, or upon a finding that the action is legally frivolous as defined by this chapter and that even a pro se litigant, acting with due diligence, should have found well-settled law disposing of issue(s) raised, the federal court may order the Department of Correction to forfeit the portion of the litigant’s behavior good time credits accumulated from the date the action was received by the federal court up to and including every month until the action was disposed of by the federal court. Upon the federal court’s forwarding of such an order to the Department of Correction setting forth such a finding, the Department shall forfeit the prisoner’s accumulated good time as ordered by the federal court. To the extent the Department does not have jurisdiction to forfeit accumulated good time for a particular prisoner, the federal court shall forward the order to the appropriate agency who shall forfeit the prisoners accumulated good time as ordered by the federal court.
70 Del. Laws, c. 411, § 1.
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