Ohio § 2969.22

§ 2969.22.

(A)(1) Whenever an inmate commences a civil action or appeal against a government entity

or employee on or after October 17, 1996, all of the following apply: (a) The clerk of the court in which the civil action or appeal is filed shall notify

the inmate and either the department of rehabilitation and correction, the sheriff

or other administrator of the jail or workhouse, or the administrator of the violation

sanction center, whichever has physical custody of the inmate, of the deductions and

procedures required by divisions (A) to (D) of this section, and shall identify in

the notice the civil action or appeal by case name, case number, name of each party,

and the court in which the civil action or appeal was brought. (b) The clerk of the court in which the civil action or appeal is filed shall charge

to the inmate either the total payment of the requisite fees that are described in section 2303.20 of the Revised Code or that otherwise are applicable to actions or appeals filed in that court or, if

the inmate has submitted an affidavit of indigency, all funds in the inmate account

of that inmate in excess of ten dollars, and shall notify the inmate of the charge. (c) Unless the amount charged under division (A)(1)(b) of this section constitutes the

total amount of the requisite fees, all income in the inmate account of the inmate

shall be forwarded to the clerk of the court during each calendar month following

the month in which the inmate filed the civil action or appeal until the total payment

of the requisite fees occurs.  The first ten dollars in the inmate account of the inmate each month shall be excluded

from that forwarding requirement.  If multiple charges are assessed to an inmate account under this division, charges

shall be calculated on the basis of the inmate's total income and shall be paid as

described in this division until the charges exceed one hundred per cent of nonexcluded

funds in the inmate account;  thereafter, all unpaid fees shall be paid simultaneously

from the inmate account of the inmate to the appropriate court or courts pro rata. (d) Upon receipt of the notice of the requisite fees payable pursuant to divisions (A)(1)(a)

to (c) of this section, the department, sheriff or other administrator of the jail

or workhouse, or the administrator of the violation sanction center shall deduct from

the inmate account of the inmate and transmit to the clerk of the appropriate court

the appropriate amounts of the requisite fees as described in divisions (A)(1)(b)

and (c) of this section. (2) The procedures described in this section apply notwithstanding any contrary court

rule or the filing of a poverty affidavit. (3) This section does not limit the clerk of a court of common pleas, court of appeals,

county court, or municipal court from considering any other inmate resources separate

and apart from an inmate account of an inmate in evaluating the inmate's ability to

pay court costs, fees, awards, or other amounts. (B) An inmate who commences a civil action or appeal against a governmental entity or

employee on or after October 17, 1996, shall be considered to have authorized payment

as the plaintiff in the civil action or the appellant in the appeal of the requisite

fees that are described in section 2303.20 of the Revised Code or that otherwise are applicable to actions or appeals filed in the court in which

the action or appeal is filed, using the procedures set forth in this section, until

total payment of the requisite fees. (C)(1) If an inmate files a civil action or appeal against a government entity or employee

on or after October 17, 1996, upon the termination of the civil action or appeal,

the clerk of the court in which the action or appeal was filed shall notify the department

of rehabilitation and correction, the sheriff or other administrator of the jail or

workhouse, or the administrator of the violation sanction center of the outcome of

the civil action or appeal and shall identify the civil action or appeal by case name,

case number, name of each party, and the court in which the civil action or appeal

was brought. (2) The department of rehabilitation and correction, the sheriff or other administrator

of a jail or workhouse, or the administrator of the violation sanction center shall

keep in the inmate's file a record of the information supplied by the clerk of the

appropriate court under division (C)(1) of this section. (D) If an inmate is to be released from confinement prior to the total payment of the

requisite fees as provided in divisions (A) and (B) of this section, the department

of rehabilitation and correction, the sheriff or other administrator of the jail or

workhouse, or the administrator of the violation sanction center, whichever has physical

custody of the inmate, shall inform the clerk of the court of common pleas, court

of appeals, county court, or municipal court of the release.  The department, sheriff or other administrator of the jail or workhouse, or administrator

of the violation sanction center shall deduct from the inmate account of the inmate

in the month of the inmate's release from custody an amount sufficient to pay the

remainder of the requisite fees owed and transmit that amount to the clerk.  If there are insufficient funds in the inmate account of the inmate to totally pay

the requisite fees, the department, sheriff or other administrator of the jail or

workhouse, or administrator of the violation sanction center shall deduct the balance

of the account and transmit that amount to the clerk.  The clerk shall inform the court of the amount of the requisite fees still owed.