(a) This section applies only to waivers of trial court fees.
(b) Notwithstanding any other provision of this article, a person who is sentenced to the state prison or confined in a county jail shall pay the full amount of the trial court filing fees and costs to the extent provided in this section.
(c) To apply for an initial fee waiver, a person who is sentenced to the state prison or confined in a county jail shall complete, under penalty of perjury, a Judicial Council application form giving the current address of the inmate and a statement that he or she is incarcerated, together with a statement of account for any moneys due to the inmate for the six-month period immediately preceding the application. The form shall be certified by the appropriate official of the Department of Corrections and Rehabilitation or a county jail.
(d) When the pleadings or other papers are filed, the court shall assess and, if funds exist, collect as partial payment, a partial filing fee of 20 percent of the greater of either of the following:
(1) The average monthly deposits to the inmate’s account.
(2) The average monthly balance in the inmate’s account for the six-month period immediately preceding the application.
(e) After the initial filing fee is partially paid, the inmate shall make monthly payments of 20 percent of the preceding month’s income credited to the inmate’s account. The Department of Corrections and Rehabilitation, or a county jail, shall forward payments from this account to the clerk of the court each time the amount in the account exceeds ten dollars ($10) until the filing fees are paid in full.
(f) The fees collected by the court under this section shall not exceed the amount of the fees that would be charged to a person who is not incarcerated.
(g) The court may delegate to a clerk the authority to process requests for fee waivers from inmates under this section.
(h) An inmate shall not be prohibited from filing pleadings or other papers solely because the inmate has no assets and no means to partially pay the initial filing fee.
(Added by Stats. 2008, Ch. 462, Sec. 2. Effective January 1, 2009. Operative July 1, 2009, by Sec. 3 of Ch. 462.)