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Official Code of Georgia Annotated

Title 42. PENAL INSTITUTIONS · Chapter 12. PRISON LITIGATION REFORM

42-12-4. Payment from prisoner’s inmate account for costs and fees of action commenced by prisoner.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. The following provisions shall apply when an indigent prisoner commences an action:

  2. (1)

    The indigent prisoner shall pay the current balance of funds in the prisoner’s inmate account;#

  3. (2)

    The clerk of court shall notify the superintendent of the institution in which the prisoner is incarcerated that an action has been filed. Notice to the superintendent shall include:#

    1. (A)

      The prisoner’s name, inmate number, and civil action number; and#

    2. (B)

      The amount of the court costs and fees due and payable;#

  4. (3)

    Upon notification by the clerk of court that an indigent prisoner has commenced an action, the superintendent shall:#

    1. (A)

      Immediately freeze the prisoner’s inmate account; and#

    2. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 42-12-4, enacted by Ga. L. 1996, p. 400, § 1.

Code Commission notes

Pursuant to Code Section 28-9-5, in 1996, “superintendent” was substituted for “superintendant” in the second sentence of paragraph (2).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t41-t42-(v29a)-2023-pdf.pdf, Volume V29A, 2023 edition, page 665; merge action: carried; file SHA-256 1e701a9ff15b.