Ch. 495 1997 LAWS OF MARYLAND

(1) THE PRISONER IS INDIGENT;

(2) THE ISSUE PRESENTED IS OF SERIOUS CONCERN;

(3) DELAY IN THE CONSIDERATION OF THE ISSUES PRESENTED WILL
PREJUDICE THE CONSIDERATION OF THE CLAIM;

(4) THE PRISONER IS NOT LIKELY TO ACCUMULATE SUFFICIENT FUNDS
TO PAY THE REQUIRED FILING FEE WITHIN A REASONABLE PERIOD OF TIME; AND

(5) THE PRISONER POSSESSES A REASONABLE LIKELIHOOD OF SUCCESS
ON THE MERITS OF THE CLAIM.

(D) IF A PRISONER PREVAILS IN AN ACTION. THE FILING FEE THAT IS PAID BY
THE PRISONER SHALL BE REIMBURSED TO THE PRISONER BY THE DEFENDANT
THROUGH COSTS AWARDED BY THE COURT.

5-503.

(A) (1) A PRISONER MAY NOT MAINTAIN A CIVIL ACTION UNTIL THE
PRISONER HAS FULLY EXHAUSTED ALL ADMINISTRATIVE REMEDIES FOR
RESOLVING THE COMPLAINT OR GRIEVANCE.

(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION, AN
ADMINISTRATIVE REMEDY IS EXHAUSTED WHEN THE PRISONER HAS PURSUED TO
COMPLETION ALL APPROPRIATE PROCEEDINGS FOR APPEAL OF THE
ADMINISTRATIVE DISPOSITION, INCLUDING ANY AVAILABLE PROCEEDINGS FOR
JUDICIAL REVIEW AND DISMISSAL WITHOUT CONSIDERATION OF THE MERITS OF
THE CLAIM.

(3) AN ADMINISTRATIVE REMEDY IS NOT EXHAUSTED IF JUDICIAL
REVIEW FOLLOWING ADMINISTRATIVE CONSIDERATION SHALL BE THE EXCLUSIVE
JUDICIAL REMEDY FOR ANY GRIEVANCE OR COMPLAINT WITHIN THE SCOPE OF
THE ADMINISTRATIVE PROCESS, UNLESS THE PRISONER'S COMPLAINT OR
GRIEVANCE WAS FOUND TO BE MERITORIOUS AND MONETARY DAMAGES WERE
NOT AVAILABLE THROUGH THE ADMINISTRATIVE REMEDY AVAILABLE TO THE
PRISONER.

(B) (1) WHEN A PRISONER FILES A CIVIL ACTION, THE PRISONER SHALL
ATTACH TO THE INITIAL COMPLAINT PROOF THAT ADMINISTRATIVE REMEDIES
HAVE BEEN EXHAUSTED.

(2) THE ATTACHMENT SHALL INCLUDE PROOF:

(I) THAT THE PRISONER HAS FILED A COMPLAINT OR GRIEVANCE
WITH THE APPROPRIATE AGENCY;

(II) OF THE ADMINISTRATIVE DISPOSITION OF THE COMPLAINT OR
GRIEVANCE; AND

(III) THAT THE PRISONER HAS APPEALED THE ADMINISTRATIVE
DISPOSITION TO THE APPROPRIATE AUTHORITY, INCLUDING PROOF OF JUDICIAL
REVIEW, IF AVAILABLE

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