(1) If the court authorizes the commencement of the action and the court concludes, based on information contained in the affidavit or other information available to the court, that such person is able to pay part of the fees, costs, or security otherwise required, then the court shall order a partial payment to be made as a condition of the commencement or further prosecution of the action, provided that any such payment is not less than required under § 16-68-601. Furthermore, if the court dismisses the action for the reason that it lacks a justiciable issue, then the court may order the incarcerated person to pay reasonable attorney's fees pursuant to § 16-22-309.
(2) Furthermore, if the court dismisses the action for the reason that it lacks a justiciable issue, then the court may order the incarcerated person to pay reasonable attorney's fees pursuant to § 16-22-309.