In this subtitle the following words have the meanings indicated. “Administrative remedy” means any procedure for review of a prisoner’s complaint or grievance, including judicial review, if available, that is provided by the Department, the Division of Correction, or any county or other municipality or political subdivision, and results in a written determination or disposition. “Administrative remedy” includes a proceeding under Title 10, Subtitle 2 of the State Government Article or Title 10, Subtitle 2 of the Correctional Services Article. “Civil action” means a legal action seeking money damages, injunctive relief, declaratory relief, or any appeal filed in any court in the State that relates to or involves a prisoner’s conditions of confinement. “Civil action” includes: An appeal of an administrative remedy to any court; A petition for mandamus against the prisoner’s custodian, its officers or employees, or any official or employee of the Department; Any tort claim against a custodian, the custodian’s officers or employees, or any employee or official of the Department; Any action alleging a violation of civil rights against a custodian, the custodian’s officers and employees, or any official or employee of the Department; or Any appeal, application for leave to appeal, or petition for certiorari. “Civil action” does not include a postconviction petition or petition for habeas corpus relief. “Conditions of confinement” means any circumstance, situation or event that involves a prisoner’s custody, transportation, incarceration, or supervision. “Custodian” means the institution or agency that has custody of the prisoner. “Department” means the Department of Public Safety and Correctional Services. “Prisoner” means a person who is in the custody of the Department or a local detention center. “Prisoner” includes pretrial detainees.

Except as provided in subsection (c) of this section, a prisoner who maintains a civil action shall pay all or a portion of the applicable filing fee, as determined by the court. Unless a waiver is granted under subsection (c) of this section, a fee determined by the court under subparagraph (i) of this paragraph shall be at least 25 percent of the entire filing fee otherwise required for a civil action. The court may: Authorize any fee to be paid over a specific period of time; and Establish a payment schedule. Until any applicable filing fee is paid, service of the complaint shall be withheld, discovery may not commence, and other proceedings may not be convened. In establishing the amount of the filing fee to be paid under subsection (a) of this section, the court shall consider, based on information in the complaint and provided by the prisoner: The seriousness of the claim; The likelihood of success; The urgency of consideration; The amount of funds available in any institutional account and any account outside of the institution; The employment status of the prisoner in the institution and income from the employment; Any financial obligations of the prisoner; and The length of time that is likely to pass before the filing fee that is imposed is able to be paid. A court may waive payment of the entire required filing fee for a civil action filed by a prisoner only on a written showing under oath by the prisoner that: The prisoner is indigent; The issue presented is of serious concern; Delay in the consideration of the issues presented will prejudice the consideration of the claim; The prisoner is not likely to accumulate sufficient funds to pay the required filing fee within a reasonable period of time; and The prisoner possesses a reasonable likelihood of success on the merits of the claim. 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.

A prisoner may not maintain a civil action until the prisoner has fully exhausted all administrative remedies for resolving the complaint or grievance. 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. 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. When a prisoner files a civil action, the prisoner shall attach to the initial complaint proof that administrative remedies have been exhausted. The attachment shall include proof: That the prisoner has filed a complaint or grievance with the appropriate agency; Of the administrative disposition of the complaint or grievance; and That the prisoner has appealed the administrative disposition to the appropriate authority, including proof of judicial review, if available. On receipt of a prisoner’s initial complaint that does not have attached to it proof that the prisoner has fully exhausted the administrative remedies available, the court shall dismiss the case without prejudice and grant the prisoner reasonable leave to amend the complaint and to provide the proof necessary to demonstrate that the prisoner has fully exhausted the administrative remedies. A court shall dismiss a civil action if the prisoner filing the action has not completely exhausted the administrative remedies.

Prior to service of process of the prisoner’s civil action, the court shall review the prisoner’s initial complaint and identify any cognizable claims. After reviewing the prisoner’s complaint, the court may dismiss the civil action, or any portion thereof, with or without prejudice, if it finds that the civil action: Is frivolous, malicious, or fails to state a claim for which relief can be granted; Seeks monetary damages from a defendant who is immune from such relief; or Is barred under § 5-1003(a) of this subtitle. An order of dismissal under subsection (b)(1) or (2) of this section may be issued without first requiring proof of exhaustion.

A court may include in its final order or judgment in any civil action a finding that the action was frivolous. A finding under subsection (a) of this section shall be reflected in the docket entries of the case. A prisoner who has filed three or more civil actions that have been declared to be frivolous by a court of this State or a federal court for a case originating in this State may not file any further civil actions without leave of court. If a prisoner has filed three or more civil actions that have been declared to be frivolous by a court of this State or a federal court for a case originating in this State, a court may place the prisoner’s remaining and future civil actions on an inactive case list and permit the prisoner to pursue only one civil action at a time, regardless of jurisdiction.

Any compensatory or punitive damages awarded to a prisoner in connection with a civil action shall be paid directly to satisfy any outstanding judgment of restitution or child support order pending against the prisoner. If there are multiple judgments of restitution or child support orders pending against the prisoner, any compensatory damages shall be distributed against those judgments or orders on a pro rata basis. The State, the Department, and the Division of Correction may not be liable for any failure to credit an award as provided in this section. The State, the Department, the Division of Correction, and any county or municipality, through any authorized employee or official, may reclaim any money erroneously credited to a prisoner without judicial action in order to comply with this section. If a prisoner is awarded compensatory or punitive damages for a civil action, the prisoner’s custodian shall notify, in writing, the victim or victims of the crime for which the prisoner is incarcerated and the recipient or recipients of any child support obligation for which the prisoner is responsible.

Notwithstanding any other provision of law, in a civil action filed by a prisoner that is an appeal on the record, the court is not required to hold a hearing if it determines that a hearing is not necessary for the disposition of the matter.