Article XXII. Frivolous Lawsuits Filed by Prisoners · Last amended 2008 · Last verified July 20, 2026
In one sentenceRequires an Illinois prisoner whose post-conviction, habeas, Court of Claims, or similar filing is found frivolous to pay full filing fees and court costs, collected gradually from the prisoner's trust fund account.
(a)If a prisoner confined in an Illinois Department of Corrections facility files a pleading, motion, or other filing which purports to be a legal document in a case seeking post- conviction relief under Article 122 of the Code of Criminal Procedure of 1963, pursuant to Section 116-3 of the Code of Criminal Procedure of 1963, in a habeas corpus action under Article X of this Code, in a claim under the Court of Claims Act, or a second or subsequent petition for relief from judgment under Section 2-1401 of this Code or in another action against the State, the Illinois Department of Corrections, or the Prisoner Review Board, or against any of their officers or employees and the Court makes a specific finding that the pleading, motion, or other filing which purports to be a legal document filed by the prisoner is frivolous, the prisoner is responsible for the full payment of filing fees and actual court costs.
On filing the action or proceeding the court shall assess and, when funds exist, collect as a partial payment of any court costs required by law a first time payment of 50% of the average monthly balance of the prisoner's trust fund account for the past 6 months. Thereafter 50% of all deposits into the prisoner's individual account under Sections 3-4-3 and 3-12-5 of the Unified Code of Corrections administered by the Illinois Department of Corrections shall be withheld until the actual court costs are collected in full. The Department of Corrections shall forward any moneys withheld to the court of jurisdiction. If a prisoner is released before the full costs are collected, the Department of Corrections shall forward the amount of costs collected through the date of release. The court of jurisdiction is responsible for sending the Department of Corrections a copy of the order mandating the amount of court fees to be paid. Nothing in this Section prohibits an applicant from filing an action or proceeding if the applicant is unable to pay the court costs.
(b)In this Section, "frivolous" means that a pleading, motion, or other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria:
(1)it lacks an arguable basis either in law or in fact;
(2)it is being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(3)the claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(4)the allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or
(5)the denials of factual contentions are not warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.
Plain-English Summary
Section 22-105 is a cost-shifting rule aimed at repeat frivolous filings by people in state custody. It applies when a prisoner in an Illinois Department of Corrections facility files something in a post-conviction case, a Section 116-3 forensic testing request, a habeas corpus action, a Court of Claims Act claim, a second or later petition for relief from judgment under Section 2-1401, or another action against the State, the Department of Corrections, the Prisoner Review Board, or their officers or employees. If the court makes a specific finding that the filing is frivolous, the prisoner becomes responsible for the full filing fees and actual court costs of the case.
The collection mechanism is designed to work in the background of a prisoner's finances rather than up front. On filing, the court assesses — and collects when funds exist — a first payment equal to half of the average monthly balance in the prisoner's trust fund account over the past six months. After that, half of every subsequent deposit into the prisoner's account is withheld until the costs are paid in full, with the Department of Corrections forwarding the withheld amounts to the court. If the prisoner is released before the debt is satisfied, the Department forwards whatever has been collected as of the release date, rather than continuing to collect after release.
Subsection (b) defines “frivolous” using five criteria: no arguable basis in law or fact; filed for an improper purpose such as harassment or delay; legal contentions unsupported by existing law or a nonfrivolous argument to change it; factual claims without evidentiary support or a reasonable prospect of getting it; or factual denials unsupported by the evidence or by a reasonable basis for disputing it. The section is explicit that a prisoner who cannot pay the costs is not barred from filing in the first place — the cost obligation attaches after a frivolousness finding, not as a precondition to filing.
Frequently Asked Questions
What kinds of prisoner filings does Section 22-105 cover?
Post-conviction petitions, Section 116-3 forensic testing requests, habeas corpus actions, Court of Claims Act claims, second or later petitions for relief from judgment under Section 2-1401, and other actions against the State, the Department of Corrections, the Prisoner Review Board, or their officers or employees.
What happens if a court finds a prisoner's filing frivolous?
The prisoner becomes responsible for the full filing fees and actual court costs of the case, collected gradually from the prisoner's trust fund account rather than as a lump sum.
How does the Department of Corrections collect the court costs?
It starts with a first payment of half the prisoner's average monthly trust account balance over the past six months, then withholds half of every later deposit into the account until the costs are paid in full, forwarding what it collects to the court.
What counts as a 'frivolous' filing under this section?
A filing that lacks an arguable basis in law or fact, is filed for an improper purpose like harassment or delay, makes legal arguments unsupported by existing law or a nonfrivolous argument to change it, makes factual claims without evidentiary support, or denies facts without a reasonable evidentiary basis.
Can a prisoner be blocked from filing if they can't afford the costs?
No. The section says nothing in it stops a prisoner from filing an action if they are unable to pay the court costs; the payment obligation only follows a specific finding of frivolousness.
Amendment History
(Source: P.A. 95-424, eff. 1-1-08.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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