735 ILCS 5/22-105
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XXII - Frivolous Lawsuits Filed By Prisoners

(735 ILCS 5/22-105)Sec. 22-105. Frivolous lawsuits filed by prisoners.(a) If a prisoner confined in an Illinois Department of Corrections facility  files a pleading, motion, or other filing which purports to be a legal document  in a case seeking post-conviction  relief under Article 122 of the Code of Criminal Procedure of 1963,  pursuant to Section 116-3 of the Code of Criminal Procedure of 1963,  in a habeas  corpus action under Article X of this Code, in a claim under the Court of  Claims Act, or a second or subsequent petition for relief from judgment under Section 2-1401 of this Code or in another action against the State, the Illinois Department of  Corrections, or the  Prisoner Review Board, or against any of their officers or employees and the  Court makes a specific finding that the pleading, motion, or other filing which  purports to be a legal document filed  by the prisoner is frivolous, the prisoner is responsible for the full payment  of filing fees and actual court costs.On filing the action or proceeding the court shall assess and, when funds  exist, collect as a partial payment of any court costs required by law a first  time payment of 50% of the average monthly balance of the prisoner's trust fund  account for the past 6 months.  Thereafter 50% of all deposits into the  prisoner's  individual account under Sections 3-4-3 and 3-12-5 of the Unified Code of  Corrections administered by the Illinois Department of Corrections shall  be withheld until the actual court costs are collected in full.  The Department  of Corrections shall forward any moneys withheld to the court of  jurisdiction.  If a prisoner is released before the full  costs are collected, the Department of Corrections shall forward the amount of  costs collected through the date of release.  The court of jurisdiction is  responsible for sending the Department of Corrections a copy of the order  mandating the amount of court fees to be paid.  Nothing in this Section  prohibits an applicant from filing an action or proceeding if the applicant is  unable to pay the court costs.(b) In this Section, "frivolous" means that a pleading, motion, or other  filing which  purports to be a legal document filed by a prisoner in his or her lawsuit meets  any or all of the following criteria:(1) it lacks an arguable basis either in law or in     fact;(2) it is being presented for any improper purpose,     such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;(3) the claims, defenses, and other legal contentions     therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;(4) the allegations and other factual contentions do     not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or(5) the denials of factual contentions are not     warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.      (Source: P.A. 95-424, eff. 1-1-08.)