Ind. Code ch. 34-58-1

in effect

Ind. Code § 34-58-1-1 Action upon receipt of offender complaint

Sec. 1. Upon receipt of a complaint or petition filed by an offender, the court shall docket the case and take no further action until the court has conducted the review required by section 2 of this chapter. As added by P.L.80-2004, SEC.6.

Ind. Code § 34-58-1-2 Frivolous, nonjudiciable, or moot claims barred; dismissal of claims by a person falsely claiming indigent status

Sec. 2. (a) A court shall review a complaint or petition filed by an offender and shall determine if the claim may proceed. A claim may not proceed if the court determines that the claim: (1) is frivolous; (2) is not a claim upon which relief may be granted; or (3) seeks monetary relief from a defendant who is immune from liability for such relief. (b) A claim is frivolous under subsection (a)(1) if the claim: (1) is made primarily to harass a person; or (2) lacks an arguable basis either in: (A) law; or (B) fact. (c) A court shall dismiss a complaint or petition if: (1) the offender who filed the complaint or petition received leave to prosecute the action as an indigent person; and (2) the court determines that the offender misrepresented the offender's claim not to have sufficient funds to prosecute the action. As added by P.L.80-2004, SEC.6.

Ind. Code § 34-58-1-2.1 Actions relating to jail or prison conditions

Sec. 2.1. After June 30, 2025, no action shall be brought with respect to jail or prison conditions under state law by an offender until such administrative remedies as are available are exhausted. As added by P.L.181-2025, SEC.10.

Ind. Code § 34-58-1-3 Order if claim barred

Sec. 3. If a court determines that a claim may not proceed under section 2 of this chapter, the court shall enter an order: (1) explaining why the claim may not proceed; and (2) stating whether there are any remaining claims in the complaint or petition that may proceed. As added by P.L.80-2004, SEC.6.

Ind. Code § 34-58-1-4 Duty of the clerk

Sec. 4. The clerk of the court shall send an order entered under section 3 of this chapter to: (1) the offender; (2) each defendant or respondent in the action; (3) the department of correction, if the offender is incarcerated by the department of correction; (4) the sheriff of the county in which the inmate is incarcerated, if the inmate is incarcerated in a county or city jail; and (5) the attorney general. As added by P.L.80-2004, SEC.6.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/34Fetched: 10/17/2026