Payment of Fees From Prisoner's Inmate Account Upon Filing of Habeas Corpus Petition

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  2. Georgia Code
  3. Penal Institutions
  4. Prison Litigation Reform
  5. Payment of Fees From Prisoner's Inmate Account Upon Filing of Habeas Corpus Petition

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The following provisions shall apply when an indigent prisoner files a petition for habeas corpus:

  1. The indigent prisoner shall pay the current balance of funds in the prisoner's inmate account;
  2. The clerk of court shall notify the superintendent of the institution in which the prisoner is incarcerated that a petition for habeas corpus has been filed. Notice to the superintendent shall include:
    1. The prisoner's name, inmate number, and civil action number; and
    2. The amount of the court costs and fees due and payable; and
  3. Upon notification by the clerk of court that an indigent prisoner has filed a petition for habeas corpus, the superintendent shall:
    1. Immediately freeze the prisoner's inmate account; and
    2. 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.

(Code 1981, §42-12-7.1, enacted by Ga. L. 1999, p. 847, § 2.)

Cross references.

- Habeas corpus, Ga. Const. 1983, Art. 1, Sec. 1, Para. XV.

Habeas corpus, T. 9. C. 14.

Law reviews.

- For note on 1999 enactment of this Code section, see 16 Ga. St. U.L. Rev. 219 (1999).


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