Ch. 495

1997 LAWS OF MARYLAND

(J) "WELFARE COMMISSARY LEVEL" MEANS THE AMOUNT OF MONEY THAT
A PRISONER'S ACCOUNT BALANCE MUST FALL BELOW BEFORE THE PRISONER IS
ISSUED PERSONAL SUPPLIES AT THE EXPENSE OF THE PRISONER'S CUSTODIAN.

5-502.

(A) (1) (I) EXCEPT AS PROVIDED IN SUBSECTION (D)(C) OF THIS SECTION,
A PRISONER WHO MAINTAINS A CIVIL ACTION SHALL PAY THE FULL AMOUNT ALL
OR A PORTION OF THE APPLICABLE FILING FEE, AS DETERMINED BY THE COURT.

(II) UNLESS A WAIVER IS GRANTED UNDER SUBSECTION (C) OF
THIS SECTION, A FEE DETERMINED BY THE COURT UNDER SUBPARAGRAPH (I) OF
THIS PARAGRAPH SHALL BE AT LEAST 25 PERCENT OF THE ENTIRE FILING FEE
OTHERWISE REQUIRED FOR A CIVIL ACTION.

(2) THE COURT MAY;

(I) AUTHORIZE ANY FEE TO BE PAID OVER A SPECIFIC PERIOD OF

TIME; AND

(II) ESTABLISH A PAYMENT SCHEDULE

(2) (3) UNTIL ANY APPLICABLE FILING FEE IS PAID IN FULL OR
WAIVED UNDER SUBSECTION (D) OF THIS SECTION, SERVICE OF THE COMPLAINT
SHALL BE WITHHELD, DISCOVERY MAY NOT COMMENCE, AND OTHER
PROCEEDINGS MAY NOT BE CONVENED.

(B) IN ESTABLISHING THE AMOUNT OF THE FILING FEE TO BE PAID UNDER
SUBSECTION (A) OF THIS SECTION, THE COURT SHALL CONSIDER, BASED ON
INFORMATION IN THE COMPLAINT AND PROVIDED BY THE PRISONER:

(1) THE SERIOUSNESS OF THE CLAIM;

(2) THE LIKELIHOOD OF SUCCESS;

(3) THE URGENCY OF CONSIDERATION;

(4) THE AMOUNT OF FUNDS AVAILABLE IN ANY INSTITUTIONAL
ACCOUNT AND ANY ACCOUNT OUTSIDE OF THE INSTITUTION;

(5) THE EMPLOYMENT STATUS OF THE PRISONER IN THE INSTITUTION
AND INCOME FROM THE EMPLOYMENT;

(6) ANY FINANCIAL OBLIGATIONS OF THE PRISONER; AND

(7) THE LENGTH OF TIME THAT IS LIKELY TO PASS BEFORE THE FILING
FEE THAT IS IMPOSED IS ABLE TO BE PAID.

(B) (1) A PRISONER SEEKING TO FILE A CIVIL ACTION SHALL SUBMIT TO
THE CLERK A CERTIFIED COPY OF THE TRANSACTION AND BALANCE RECORD OF
THE PRISONER'S ACCOUNT FOR THE 6 MONTH PERIOD IMMEDIATELY PRECEDING
THE FILING OF THE COMPLAINT OR NOTICE OF APPEAL

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