(1) An inmate who seeks to proceed in any civil action without prepayment of fees, in addition to filing any required affidavit, shall submit a copy of the inmate's account statement for the six-month period immediately preceding the filing of the civil action, certified by an appropriate official at the detaining facility. If the inmate account demonstrates that the inmate has sufficient funds to pay the filing fee, or if the action on its face is frivolous, groundless, or malicious, or fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune from such relief, the motion to proceed as a poor person shall be denied.
(2) Any inmate who is allowed to proceed in the civil action as a poor person shall be required to pay the full amount of the filing fee and service of process fees previously paid by the court in the following installments:
(a) If the inmate has ten dollars or more in his or her inmate account, make an initial partial payment in accordance with the order of the court; and
(b) Regardless if the inmate has ten dollars in his or her inmate account at the time of the filing of the civil action, make continuing monthly payments to the court equal to twenty percent of the preceding month's deposits in the inmate's account until the filing fee and service of process fees previously paid by the court are paid in full.
(2.5) The court shall include in its order granting permission to proceed as a poor person the requirement that the inmate comply with the provisions of subsection (2) of this section.
(2.7) A copy of any order granting an inmate's motion to proceed in a civil action as a poor person shall be forwarded by the court to the detaining facility that has custody of the inmate. Upon receipt of the order, the detaining facility shall forward payments from the inmate's account to the court in accordance with the order granting leave to proceed as a poor person.
(3) In no event shall an inmate be prohibited from filing a civil action or appealing a civil or criminal judgment because the inmate has no assets and no means by which to pay the initial partial payment.
Source: L. 95: Entire article added, p. 479, § 1, effective July 1. L. 98: Entire section amended, p. 248, § 4, effective April 13. L. 2001: Entire section amended, p. 290, § 3, effective July 1.
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1995–2026 · leading case:
Schwartz v. Owens, 134 P.3d 455 (Colo. Ct. App. 2005).
Schwartz v. Owens, 134 P.3d 455 (Colo. Ct. App. 2005).
· cites it 17× “If the inmate account demonstrates that the inmate has sufficient funds to pay the filing fee, or if the action on its face is frivolous, groundless, or malicious, or fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune…”
Harrison v. Wilson, 998 P.2d 1110 (Colo. Ct. App. 2000).
· cites it 11× “1999, additional provisions specifically governing IFP proceedings in civil actions brought by inmates are set forth in § 13-17.5-103, C.R.S.1999. *1112 Section 13-17.”
Marymee v. Exec. Dir. of the Colorado Dep't of Corr., 2014 COA 44, 328 P.3d 284.
· cites it 2× “Hearing Transcript $11 Next, plaintiff argues that the district court erred in requiring him to pay for the preparation of a written transcript of the administrative hearing rather than ordering an audio recording, as requested in his motion to certify the record.”
Vance v. Dist. Court of Fremont Cnty., 908 P.2d 1189 (Colo. Ct. App. 1995).
· cites it 4× “), effective July 1, 1995, which states: Any inmate who files a motion to proceed as a poor person, pursuant to section 13-16-103, in a state civil action against any public defendant shall attach to the motion copies of all inmate account records held by the detaining facility…”
Collins v. Jaquez, 15 P.3d 299 (Colo. Ct. App. 2000).
· cites it 2× “However, the division also expressly noted that § 13-17.5-103, which limits the court's discretion in inmate cases, was not yet in effect when Vance filed his complaint and thus was not pertinent to its decision.”
Fraser v. Colorado Bd. of Parole, 931 P.2d 560 (Colo. Ct. App. 1996).
· cites it 2× “As pertinent here, § 13-17.5-103, C.R.S. (1996 Cum.Supp.) provides that any inmate who files a motion to proceed as a poor person pursuant to § 13-16-103 in a state *563 civil action against a public defendant “shall attach to the motion copies of all inmate account records held…”
Rueb v. Rich-Fredericks, 2020 COA 168, 486 P.3d 435.
· cites it 4× “§ 13-17.5-103(1), C.R.S. 2020. But under section 13-17.”
Jabari J. Johnson v. Meridith McGrath, 546 P.3d 1199 (Colo. Ct. App. 2024).
· cites it 9× “Johnson requested that the district court allow him to proceed IFP under section 13-17.5-103, C.R.S. 2023, which would allow him to move forward with his inmate lawsuit without prepaying service and filing fees.”
Colo. Rev. Stat. § 13-17.5-103(1): 4 cases
Schwartz v. Owens, 134 P.3d 455 (Colo. Ct. App. 2005).
“If the inmate account demonstrates that the inmate has sufficient funds to pay the filing fee, or if the action on its face is frivolous, groundless, or malicious, or fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune…”
Harrison v. Wilson, 998 P.2d 1110 (Colo. Ct. App. 2000).
“1999, additional provisions specifically governing IFP proceedings in civil actions brought by inmates are set forth in § 13-17.5-103, C.R.S.1999. *1112 Section 13-17.”
Colo. Rev. Stat. § 13-17.5-103(2): 3 cases
Schwartz v. Owens, 134 P.3d 455 (Colo. Ct. App. 2005).
“If the inmate account demonstrates that the inmate has sufficient funds to pay the filing fee, or if the action on its face is frivolous, groundless, or malicious, or fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune…”
Harrison v. Wilson, 998 P.2d 1110 (Colo. Ct. App. 2000).
“1999, additional provisions specifically governing IFP proceedings in civil actions brought by inmates are set forth in § 13-17.5-103, C.R.S.1999. *1112 Section 13-17.”
Jabari J. Johnson v. Meridith McGrath, 546 P.3d 1199 (Colo. Ct. App. 2024).
“Johnson requested that the district court allow him to proceed IFP under section 13-17.5-103, C.R.S. 2023, which would allow him to move forward with his inmate lawsuit without prepaying service and filing fees.”
Colo. Rev. Stat. § 13-17.5-103(2)(b): 1 case
Colo. Rev. Stat. § 13-17.5-103(3): 2 cases
Harrison v. Wilson, 998 P.2d 1110 (Colo. Ct. App. 2000).
“1999, additional provisions specifically governing IFP proceedings in civil actions brought by inmates are set forth in § 13-17.5-103, C.R.S.1999. *1112 Section 13-17.”
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