1. (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. (1) is frivolous;
   2. (2) is not a claim upon which relief may be granted; or
   3. (3) seeks monetary relief from a defendant who is immune from liability for such relief.

2. (b) A claim is frivolous under subsection (a)(1) if the claim:

   1. (1) is made primarily to harass a person; or

   2. (2) lacks an arguable basis either in:

      1. (A) law; or
      2. (B) fact.

3. (c) A court shall dismiss a complaint or petition if:

   1. (1) the offender who filed the complaint or petition received leave to prosecute the action as an indigent person; and
   2. (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.