Okla. Stat. tit. 57, § 57-566.3

court costs - Affidavit of inability to pay - Dismissal - Grievance

procedures.

A. 1. If an applicant for in forma pauperis is a prisoner and

the prisoner brings an action of any kind, upon filing, the court

shall order the prisoner to pay, as a partial payment of any court

costs required by law, before the commencement of the action, a

first-time payment of twenty percent (20%) of the deposits of the

preceding six (6) months to the trust account of the prisoner

administered by the confining agency and thereafter monthly payments

of twenty percent (20%) of the deposits of the preceding month to

the account, but only if the prisoner does not have enough funds to

pay the total costs required by law at the time of filing. In those

cases where the prisoner has sufficient funds available, the

prisoner shall be ordered to pay the required costs before the

action may commence. The confining agency shall withdraw monies

maintained in the trust account for payment of court fees and shall

forward the monies collected at any time the monies exceed Ten

Dollars ($10.00) to the appropriate court clerk, or clerks if

multiple courts are involved, until the actual court costs are paid

in full. If the prisoner is discharged before payment in full, the

court clerk shall be notified of the reported forwarding address and

date of discharge of the prisoner. The prisoner must file a

certified copy of the trust account records of the prisoner with the

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court that reflects the balance and activity of the previous six (6)

months at the time the petition is filed. If the prisoner is on

probation or parole, the prisoner will file certified copies of bank

or savings statements of the account and income receipts for the

prior six (6) months.

2. Nothing in this section prevents a prisoner from authorizing

payment beyond that required by law or the Department of Corrections

or political subdivision from forwarding payment beyond that

required by law if the prisoner has the funds available.

3. The court may dismiss any civil action in which the prisoner

has failed to pay fees and costs assessed by the court and it is

determined the prisoner has funds available and did not pay the

required fees and costs.

4. If a prisoner is found to be indigent and totally without

any funds pursuant to this section at the time of filing, the case

may proceed without prepayment of fees or partial fees. Even in

those cases where the court finds the prisoner is without funds, the

court shall assess costs against the prisoner, establish a payment

schedule and order the costs paid when the prisoner has funds.

B. 1. An affidavit of inability to pay containing complete

information as to the identity of the prisoner, prisoner

identification number, nature and amount of income, income of the

spouse of the prisoner, property owned, cash or checking accounts,

dependents, debts and monthly expenses shall be filed with the

court. In addition to the information required above, the affidavit

shall contain the following statements: “I am unable to pay the

court costs at this time. I verify that the statements made in this

affidavit are true and correct.” The affidavit shall be sworn as

required by law.

2. The Attorney General or other counsel for the defendant

shall be authorized to receive information from any source verifying

the financial information given by the prisoner.

3. When considering the ability of a prisoner to pay fees and

costs and establishing a payment schedule, the court shall consider,

but is not limited to consideration of, the following:

a. all living support received by the person from any

source, including the state, whether in money or any

form of services,

b. any income of a spouse,

c. gifts,

d. savings accounts,

e. retirement plans,

f. trust accounts,

g. personal property,

h. inmate trust accounts, and
establishing a payment schedule, the court shall consider,

but is not limited to consideration of, the following:

a. all living support received by the person from any

source, including the state, whether in money or any

form of services,

b. any income of a spouse,

c. gifts,

d. savings accounts,

e. retirement plans,

f. trust accounts,

g. personal property,

h. inmate trust accounts, and

i. any dispositions of property, real or personal, in the

past twelve (12) months.

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C. A court, in which an affidavit of inability to pay has been

filed, shall dismiss the action in whole or in part upon a finding

that the allegation of poverty is false. If a portion of the action

is dismissed, the court shall also designate the issues and

defendants on which the action is to proceed without prepaying

costs. This order is not subject to an interlocutory appeal.

D. In determining whether the allegation of poverty is false,

the court is authorized to hold a hearing, before or after service

of process, on its own motion or upon the motion of a party.

E. If the court concludes, based on information contained in

the affidavit of inability to pay or other information available to

the court, that the prisoner is able to prepay part of the fees or

costs required, then the court shall order a partial payment to be

made as a condition precedent to the commencement and further

prosecution of the action.

F. Notwithstanding any filing fee, or any portion thereof, that

may have been paid, the court shall dismiss the case at any time if

the court determines that:

1. The allegation of poverty is untrue; or

2. The action or appeal:

a. is frivolous or malicious,

b. fails to state a claim on which relief may be granted,

or

c. seeks monetary relief against a defendant who is

immune from such relief.

G. 1. The Department of Corrections and each sheriff is hereby

authorized to adopt a grievance procedure at its institutions for

receiving and disposing of any and all grievances by prisoners

against the Department of Corrections or any entity contracting with

the Department of Corrections to provide correctional services, or

any officials or employees of either the Department or correctional

services contractor or a sheriff, deputies of the sheriff or

employees of the county, which arise while a prisoner is within the

custody or under the supervision of the Department or sheriff. The

grievances may include, but are not limited to, any and all claims

seeking monetary damages or any other form of relief otherwise

authorized by law. All such grievance procedures, including the

prisoner disciplinary process, shall be deemed to be the exclusive

internal administrative remedy for complaints and grievances.

2. No court of the State of Oklahoma shall entertain a

grievance, petition, or complaint of a prisoner unless and until the

prisoner has exhausted all the remedies as provided in the grievance

procedure of the Director of the Department of Corrections or

sheriff. Nothing in this section shall modify requirements of The

Governmental Tort Claims Act.

3. Failure to timely institute administrative review of a claim

shall be considered an abandonment, and upon motion of the

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defendants, supported by an affidavit of the defendant that the

prisoner has failed to timely institute and exhaust the

administrative remedy, the court shall enter a judgment of dismissal

with prejudice in that cause of action. Strict adherence to the

notice requirement established in the grievance procedures shall be

complied with by the prisoner or the attorney of the prisoner.

4. In addition to any other provisions of law providing for the

confidentiality of records of the Department of Corrections or a

sheriff, all reports, investigations, and like supporting documents
al

with prejudice in that cause of action. Strict adherence to the

notice requirement established in the grievance procedures shall be

complied with by the prisoner or the attorney of the prisoner.

4. In addition to any other provisions of law providing for the

confidentiality of records of the Department of Corrections or a

sheriff, all reports, investigations, and like supporting documents

prepared by the Department or sheriff for purposes of responding to

the request of a prisoner for an administrative remedy shall be

deemed to be prepared in anticipation of litigation and are

confidential and not subject to discovery by the prisoner in any

civil action or subject to release under the Oklahoma Open Records

Act. All formal written responses to the grievance of the prisoner

shall be furnished to the prisoner as provided for in the grievance

procedure.

5. Any prisoner who is allegedly aggrieved by an adverse

decision by the Department of Corrections or a sheriff rendered

pursuant to any grievance procedure must file the appropriate civil

cause of action or application for extraordinary writ, within one

hundred eighty (180) days after the final decision is issued and

within the limitations period set forth in The Governmental Tort

Claims Act, to the appropriate court alleging specifically what

legal right was violated and what remedy exists.

H. Nothing in this section shall be construed as waiving the

sovereign immunity or the tort immunity of the state, its agencies,

officers or employees for injuries allegedly suffered while in the

custody of the state and its agency or any county, sheriff, or

officers or employees of the county for injuries allegedly suffered

while in the custody of the county.

I. “Prisoner” as used herein shall include, but not be limited

to, a person in custody or whose claims arose during custody.