Determination as to whether prisoner’s action frivolous

Upon the dismissal of a prisoner action or upon the entry of judgment in favor of the responding party, the court shall make a finding as to whether the prisoner’s action was frivolous. The court may award 652 42-12-7.1 reasonable costs and attorney’s fees to defendants or respondents if the court finds that: (1) Any material allegation in the prisoner’s in forma pauperis affidavit is false; or (2) The action or any part of the action is malicious or frivolous as defined in Code Section 9-15-14. History. Code 1981, § 42-12-6, enacted by Ga. L. 1996, p. 400, § 1. 42-12-7. Deductions from prisoner’s accounts; payment of costs and fees as condition of parole. (a) Fifty percent of the average monthly balance of the prisoner’s account for the preceding 12 months during which the prisoner’s account had a positive balance shall be deducted from the prisoner’s account and paid over to the clerk of court for each instance that a court finds that the prisoner has done any of the following: (1) Filed a false, frivolous, or malicious action or claim with the court; (2) Brought an action or claim with the court solely or primarily for delay or harassment; (3) Unreasonably expanded or delayed a judicial proceeding; (4) Testified falsely or otherwise submitted false evidence or information to the court; (5) Attempted to create or obtain a false affidavit, testimony, or evidence; or (6) Abused the discovery process in any judicial action or proceeding. (b) Payment of any past due court costs and fees incurred by the prisoner may be, pursuant to this subsection, a condition of parole, at the discretion of the State Board of Pardons and Paroles. History. Code 1981, § 42-12-7, enacted by Ga. L. 1996, p. 400, § 1. 42-12-7.1. Payment of fees from prisoner’s inmate account upon filing of habeas corpus petition. The following provisions shall apply when an indigent prisoner files a petition for habeas corpus: 653 42-12-7.1 PENAL INSTITUTIONS 42-12-7.2 (1) The indigent prisoner shall pay the current balance of funds in the prisoner’s inmate account; (2) The clerk of court shall notify the superintendent of the institution in which the prisoner is incarcerated that a petition for habeas corpus has been filed. Notice to the superintendent shall include: (A) The prisoner’s name, inmate number, and civil action number; and (B) The amount of the court costs and fees due and payable; and (3) Upon notification by the clerk of court that an indigent prisoner has filed a petition for habeas corpus, the superintendent shall: (A) Immediately freeze the prisoner’s inmate account; and (B) Order that all moneys deposited into the prisoner’s inmate account be forwarded to the clerk until all court costs and fees are satisfied, whereupon the freezing of the account shall be terminated. History. Code 1981, § 42-12-7.1, enacted by Ga. L. 1999, p. 847, § 2.