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2018 Georgia Code 42-12-7 | Car Wreck Lawyer

TITLE 42 PENAL INSTITUTIONS

Section 12. Prison Litigation Reform, 42-12-1 through 42-12-9.

ARTICLE 5 FEES

42-12-7. Deductions from prisoner's accounts; payment of costs and fees as condition of parole.

  1. 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.
  2. 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.

(Code 1981, §42-12-7, enacted by Ga. L. 1996, p. 400, § 1.)

Cases Citing O.C.G.A. § 42-12-7

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Brown v. Crawford, 715 S.E.2d 132 (Ga. 2011).

Cited 11 times | Published | Supreme Court of Georgia | Sep 12, 2011 | 289 Ga. 722

...The amended OCGA § 42-12-3(1) reads as follows: As used in this chapter, the term: (1) "Action" means any civil lawsuit, action, or proceeding, including an appeal, filed by a prisoner but shall not include an appeal of a criminal proceeding; provided, however, that the provisions of Code Sections 42-12-4 through 42-12-7 shall not apply to petitions for writ of habeas corpus. Ga. L.1999, p. 847, § 1. Pursuant to this amendment, a prisoner who files a petition for writ of habeas corpus now must abide by all procedures in the Act except for OCGA §§ 42-12-4 through 42-12-7 but including OCGA § 42-12-8....