22-105.Frivolous lawsuits filed by prisoners.

Section 22-105 is a cost-shifting rule aimed at repeat frivolous filings by people in state custody. It applies when a prisoner in an Illinois Department of Corrections facility files something in a post-conviction case, a Section 116-3 forensic testing request, a habeas corpus action, a Court of Claims Act claim, a second or later petition for relief from judgment under Section 2-1401, or another action against the State, the Department of Corrections, the Prisoner Review Board, or their officers or employees. If the court makes a specific finding that the filing is frivolous, the prisoner becomes responsible for the full filing fees and actual court costs of the case.

The collection mechanism is designed to work in the background of a prisoner's finances rather than up front. On filing, the court assesses — and collects when funds exist — a first payment equal to half of the average monthly balance in the prisoner's trust fund account over the past six months. After that, half of every subsequent deposit into the prisoner's account is withheld until the costs are paid in full, with the Department of Corrections forwarding the withheld amounts to the court. If the prisoner is released before the debt is satisfied, the Department forwards whatever has been collected as of the release date, rather than continuing to collect after release.

Subsection (b) defines “frivolous” using five criteria: no arguable basis in law or fact; filed for an improper purpose such as harassment or delay; legal contentions unsupported by existing law or a nonfrivolous argument to change it; factual claims without evidentiary support or a reasonable prospect of getting it; or factual denials unsupported by the evidence or by a reasonable basis for disputing it. The section is explicit that a prisoner who cannot pay the costs is not barred from filing in the first place — the cost obligation attaches after a frivolousness finding, not as a precondition to filing.