Section 12.55.039. Surcharge.

   (a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, forfeits bail for, or is convicted of a
        (1) felony shall be assessed a surcharge of $100;
        (2) violation of a misdemeanor offense under AS 28.33.030, 28.33.031, AS 28.35.030, or 28.35.032, or a violation of a municipal ordinance comparable to a misdemeanor offense under AS 28.33.030, 28.33.031, AS 28.35.030, or 28.35.032 and adopted under AS 28.01.010, shall be assessed a surcharge of $75;
        (3) misdemeanor or a violation of a municipal ordinance if a sentence of incarceration may be imposed for the misdemeanor or ordinance violation, other than a provision identified in (2) of this subsection, shall be assessed a surcharge of $50;
        (4) misdemeanor for which a sentence of incarceration may not be imposed, a violation or an infraction under state law, or a violation of a municipal ordinance imposing a penalty authorized by AS 29.25.070(a) if a sentence of incarceration may not be imposed for the ordinance violation, shall be assessed a surcharge of $10 if the fine or bail forfeiture amount for the offense is $30 or more.
   (b) A court may not fail to impose the surcharge required under this section. The surcharge may not be waived, deferred, or suspended. A court may allow a defendant who is unable to pay the surcharge required to be imposed under this section to perform community work under AS 12.55.055(c) in lieu of the surcharge.
   (c) The surcharge shall be paid within 10 days of imposition or such shorter period of time as ordered by the court. Failure to pay the surcharge is punishable as contempt of court. Proceedings to collect the surcharge may be instituted by the state, the municipality, or by the court on its own motion.
   (d) Money collected under this section shall be deposited into the general fund and accounted for under AS 37.05.142.

Authorities

12.25.195;18.65.225;28.05.151;29.25.074

Notes

Recent Bills that will modify this

HB 205 CRIMINAL LAW/PROCEDURE; DRIV LIC; PUB AID

References

AS 12.25.195 Disposition of scheduled offenses.
AS 18.65.225 Alaska police training fund.
AS 28.05.151 Citations for scheduled vehicle and traffic offenses.
AS 29.25.074 Surcharge.

History

(Sec. 2 ch 119 SLA 1994; am Sec. 4 ch 56 SLA 1998; am Sec. 1 ch 24 SLA 2000)