(1) (a) In any action based upon prison conditions brought under any statute or constitutional provision, if attorney fees are recoverable pursuant to any state or federal statute, no attorney fees shall be awarded to an inmate, except to the extent that:
The fees were directly and reasonably incurred in proving an actual violation of theinmate's rights protected by the constitution or statute; and
(A) The amount of the fees is proportionately related to the court-ordered relief forthe violation; or
(B) The fees were directly and reasonably incurred in enforcing the relief ordered for the violation.
No award of attorney fees under paragraph (a) of this subsection (1) shall be basedon an hourly rate in excess of one hundred fifty percent of the hourly rate paid to court-appointed counsel in the district in which the action was filed.
Whenever a separate monetary judgment is awarded in an action in which attorneyfees are awarded under paragraph (a) of this subsection (1), a portion of the judgment not to exceed twenty-five percent shall be applied to reduce the amount of attorney fees awarded against the defendant.
Nothing in this subsection (1) shall prohibit an inmate from entering into an agreement to pay an attorney fee in excess of the amount authorized in this subsection (1), if the fee is paid by the individual rather than by a defendant.
The court may also enter judgment against an inmate who has been allowed to proceed as a poor person pursuant to section 13-16-103 for the amount of court costs and fees that the inmate would have incurred except for the provisions of that section, if the court awards attorney fees pursuant to subsection (1) of this section. The judgment entered by the court shall be collected and applied in accordance with subsection (3) of this section.
If judgment for costs and attorney fees is awarded to a public defendant or to thecourt, pursuant to subsection (1) or (2) of this section, the court, pursuant to section 13-54.5-102, shall issue a writ of continuing garnishment of the inmate's account with the detaining facility, which garnishment shall continue until the judgment is paid in full, notwithstanding the requirement set forth in section 13-54.5-103 that the garnishment be renewed.
Source: L. 95: Entire article added, p. 479, § 1, effective July 1. L. 98: (1) amended, p. 247, § 3, effective April 13.