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§ 16-106-201. Definitions

As used in this subchapter: (1) “Frivolous” means having no reasonable basis in law or fact, or lacking any good faith legal argument for the extension, modification, or reversal of existing law; (2) “Inmate” or “inmate in a penal institution” includes, but is not limited to, a person in the custody or under the supervision […]

§ 16-106-202. Premature, frivolous, or malicious lawsuits

(a) A civil action or claim initiated against the state, the Board of Corrections, the Division of Correction, the Division of Community Correction, another state agency, or a political subdivision, or an original action in an appellate court, or an appeal of an action, whether or not the plaintiff was represented in court, by an […]

§ 16-106-203. Sanctions

If the court determines before or at trial that one (1) or more of the causes of action are frivolous or malicious, any one (1) or more of the following sanctions may be imposed: (1) Award attorney’s fees and actual costs incurred by the state, the Division of Correction, or the Division of Community Correction, […]

§ 16-106-204. Fees and costs

(a) Any award of attorney’s fees or costs, or the imposition of a sanction shall serve as a judgment against the inmate, and the Division of Correction is authorized to take up to fifty percent (50%) of the inmate’s account per month until paid. (b) The judgment shall be subject to execution without further order […]