§ 31-3220A — PRISONER PAYMENT OF FEES AT TIME OF FILING OF ACTION — PARTIAL PAYMENT OF FEES — DISMISSAL OF ACTION

(1) For the purposes of this section, the following definitions shall apply:
(a) "Action" means a civil suit, action, proceeding, or appeal of any such action, including habeas corpus, but excluding proceedings brought pursuant to chapter 49, title 19, Idaho Code.
(b) "Inmate account" means an account managed by officials of state, local or private correctional facilities, as defined in section 18-101A, Idaho Code, to which the prisoner has access to purchase personal property from the correctional facility’s commissary in addition to property and supplies provided by the county, state or private correctional facility to meet the prisoner’s basic needs.
(c) "Prisoner" shall have the meaning provided in section 18-101A, Idaho Code.
(2) A prisoner who seeks to file an action with partial payment of court fees required in sections 31-3201 and 31-3201A, Idaho Code, shall file the following at the time of filing of an action:
(a) A motion to proceed on partial payment of court fees under this section;
(b) An affidavit of inability to pay all court fees at the time of filing the action, containing complete information as to:
(i) The prisoner’s identity;
(ii) The nature and amount of the prisoner’s income;
(iii) The prisoner’s spouse’s income;
(iv) The real and personal property owned;
(v) His cash or checking accounts;
(vi) His dependents;
(vii) His debts;
(viii) His monthly expenses;
(ix) The nature of the action;
(x) The affiant’s belief that he is entitled to redress;
The affidavit shall also contain the following statements: "I am unable to pay all court costs at the time of filing the action. I verify that the statements made in this affidavit are true and correct." The affidavit shall be sworn as required by law; and
(c) A certified copy of his inmate account that reflects the activity of his account over his period of incarceration or for twelve (12) months, whichever is less. The copy of the prisoner’s inmate account shall be certified by a custodian of inmate accounts of the office of the county sheriff, the department of correction, or the private correctional facility.
Upon filing of the action and motion to proceed under this section, the prisoner shall also serve a copy of each document filed in compliance with this subsection upon counsel for the county sheriff, the department of correction, or the private correctional facility.
(3) Upon review of the information provided and considering the prisoner’s ability to pay all court fees at the time of filing the action, the court shall order the prisoner to pay all or part of the court fees as set forth in sections 31-3201 and 31-3201A, Idaho Code.
(4) If the court permits the prisoner’s action to proceed on partial payment of court fees, the court shall assess and, when funds exist, collect a partial payment of any court fees as set forth in sections 31-3201 and 31-3201A, Idaho Code, an initial partial filing fee of twenty percent (20%) of the greater of:
(a) The average monthly deposits to the prisoner’s inmate account; or
(b) The average monthly balance for the six (6) month period immediately preceding the filing of the action.
(5) After payment of the initial partial filing fee, the prisoner shall be required to make monthly payments of twenty percent (20%) of the preceding month’s income credited to the prisoner’s inmate account until the full amount of all applicable court fees set forth in sections 31-3201 and 31-3201A, Idaho Code, are paid. The agency or entity having custody of the prisoner shall forward payments from the prisoner’s inmate account to the clerk of the court each time the amount in the prisoner’s inmate account exceeds ten dollars ($10.00) until the full amount of all applicable court fees set forth in sections 31-3201 and 31-3201A, Idaho Code, are paid.
(6) In no event shall the court fees collected exceed the amount of fees permitted by statute for the commencement of an action.
(7) In no event shall a prisoner be prohibited from bringing an action for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee.
(8) The court may dismiss an action filed under this section, in whole or in part, on its own motion or by motion of a party, upon a finding that:
(a) The prisoner has failed to pay the court fees under subsection (3) of this section within thirty (30) days of the entry of the order for court fees, or any time thereafter; or
(b) Any allegation in the prisoner’s affidavit filed under this section is false.
(9) If the action or any part of it is dismissed without prejudice under subsection (8) of this section, and the prisoner refiles the action, the following shall apply:
(a) The requirements under this section must be met again in their entirety; and
(b) No amount paid for court fees in any previously filed action, or any part thereof, shall be credited to the court fees required under sections 31-3201 and 31-3201A, Idaho Code.
(10) The court may refuse further filings under this section until the order for court fees has been satisfied in any previous action filed under this section.
(11) The office of the attorney general, the county prosecutor, or other counsel for the defendant or respondent, is authorized to receive information from the county sheriff, department of correction, or private correctional facility in order to verify the financial information submitted by a prisoner pursuant to this section.
(12) The court may request an official or officials of the county jail, department of correction, or private correctional facility to file an affidavit concerning the allegations in the prisoner’s affidavit or concerning the merits of the action prior to determination whether to proceed under this section.
(13) The court may require the prisoner to file an affidavit that the claim has not been previously brought against the same parties or from the same operative facts in any state or federal court.
(14) The court may dismiss an action or a portion of the action under this section, before or after service, on its own motion or by motion of a party, upon a finding that:
(a) Any allegation in the affidavit or the action is false;
(b) The action is frivolous;
(c) The action is malicious; or
(d) The action fails to state a claim upon which relief can be granted.
(15) If a portion of the action is dismissed, the court’s order dismissing the action shall also designate the issues and the defendant or respondent upon which the action is to proceed.
(16) The court shall award reasonable costs and attorney’s fees to the defendant or respondent if the court finds that:
(a) Any allegation in the prisoner’s affidavit is false;
(b) The action or any part of the action is frivolous or malicious; or
(c) The action or any part of the action is dismissed for failure to state a claim upon which relief can be granted.
(17) Orders entered under this section are not subject to interlocutory appeal.
(18) Nothing in this section shall prevent a prisoner from authorizing payment beyond that required under the order for filing fees.
(19) If the court authorizes the commencement of the action or any part of the action without payment of fees upon a finding that the prisoner is unable to pay all court fees at the time of filing the action, and the court later finds that a prisoner is then able to pay all court fees, the court shall order the prisoner to pay all unpaid court fees within two (2) business days and enter an order for court fees. The court’s finding under this subsection may be based on information contained in affidavits or other information available to the court. The court shall dismiss the action if the prisoner fails to comply with an order entered under this subsection.
(20) If the action or any part of it is dismissed without prejudice under subsection (19) of this section, and the prisoner refiles the action, the following shall apply:
(a) The requirements under this section must be met again in their entirety; and
(b) No amount paid for court fees in any previously filed action, or any part thereof, shall be credited to the court fees required under sections 31-3201 and 31-3201A, Idaho Code.
(21) The court may develop a form questionnaire which it may require by local rule to be filed to implement this statute.
(22) In no way shall this section be interpreted to create a liberty interest for prisoners entitling them to due process protection under the Idaho constitution or the United States constitution.

Legislative History

[31-3220A, added 1996, ch. 420, sec. 7, p. 1403; am. 2000, ch. 272, sec. 13, p. 796; am. 2002, ch. 296, sec. 1, p. 849.]