2006 Utah Code - 78-7-38 — Effect of filing affidavit -- Procedure for review and collection.

     78-7-38.   Effect of filing affidavit -- Procedure for review and collection.
     (1) As used in this section, "prisoner" means a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing.
     (2) (a) Upon receipt of the oath or affirmation filed with any Utah court by a prisoner, the court shall immediately request the institution or facility where the prisoner is incarcerated to provide an account statement detailing all financial activities in the prisoner's trust account for the previous six months or since the time of incarceration, whichever is shorter.
     (b) The incarcerating facility shall:
     (i) prepare and produce to the court the prisoner's six-month trust account statement, current trust account balance, and aggregate disposable income; and
     (ii) calculate aggregate disposable income by totaling all deposits made in the prisoner's trust account during the six-month period and subtracting all funds automatically deducted or otherwise garnished from the account during the same period.
     (3) The court shall:
     (a) review both the affidavit of impecuniosity and the financial account statement; and
     (b) based upon the review, independently determine whether or not the prisoner is financially capable of paying all the regular fees and costs associated with filing the action.
     (4) When the court concludes that the prisoner is unable to pay full fees and costs, the court shall assess an initial partial filing fee equal to 50% of the prisoner's current trust account balance or 10% of the prisoner's six-month aggregate disposable income, whichever is greater.
     (5) (a) After payment of the initial partial filing fee, the court shall require the prisoner to make monthly payments of 20% of the preceding month's aggregate disposable income until the regular filing fee associated with the civil action is paid in full.
     (b) The agency having custody of the prisoner shall:
     (i) garnish the prisoner's account each month; and
     (ii) once the collected fees exceed $10, forward payments to the clerk of the court until the filing fees are paid.
     (c) Nothing in this section may be construed to prevent the agency having custody of the prisoner from withdrawing funds from the prisoner's account to pay court-ordered restitution.
     (6) Collection of the filing fees continues despite dismissal of the action.
     (7) The filing fee collected may not exceed the amount of fees permitted by statute for the commencement of a civil action or an appeal of a civil action.

Renumbered and Amended by Chapter 46, 2001 General Session