Page:United States Statutes at Large Volume 110 Part 2.djvu/222

 110 STAT. 1321-75 PUBLIC LAW 104-134—APR. 26, 1996 of the United States that was dismissed on the grounds that it is frivolous, maHcious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.". (e) DEFINITION.— Section 1915 of title 28, United States Code, is amended by adding at the end the following new subsection: "(h) As used in this section, the term 'prisoner' means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.". SEC. 805. JUDICIAL SCREENING. (a) IN GENERAL.— Chapter 123 of title 28, United States Code, is amended by inserting after section 1915 the following new section: "§ 1915A. Screening "(a) SCREENING. — The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. "(b) GROUNDS FOR DISMISSAL.— On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint— "(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or "(2) seeks monetary relief from a defendant who is immune from such relief. "(c) DEFINITION. —As used in this section, the term 'prisoner' means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.". (b) TECHNICAL AMENDMENT. —The analysis for chapter 123 of title 28, United States Code, is amended by inserting after the item relating to section 1915 the following new item: " 1915A. Screening.". SEC. 806. FEDERAL TORT CLAIMS. Section 1346(b) of title 28, United States Code, is amended— (1) by striking "(b)" and inserting "(b)(1)"; and (2) by adding at the end the following: "(2) No person convicted of a felony who is incarcerated while awaiting sentencing or while serving a sentence may bring a civil action against the United States or an agency, officer, or employee of the Government, for mental or emotional injury suffered while in custody without a prior showing of physical injury.". 18 USC 3626 SEC. 807. PAYMENT OF DAMAGE AWARD IN SATISFACTION OF PEND- note. ING RESTITUTION ORDERS. Any compensatory damages awarded to a prisoner in connection with a civil action brought against any Federal, State, or local jail, prison, or correctional facility or against any official or agent of such jail, prison, or correctional facility, shall be paid directly to satisfy any outstanding restitution orders pending against the

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