Section 12.55.041. Correctional facility surcharge.

   (a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, or is convicted of, a crime under state law shall pay a correctional facility surcharge if, in connection with the crime, the defendant
        (1) was arrested and taken to a correctional facility, regardless of whether the defendant was released or admitted to the facility; or
        (2) is sentenced to serve a term of imprisonment.
   (b) The court shall impose a single surcharge under (a) of this section on a defendant being sentenced for one or more crimes in a single judgment. The surcharge is
        (1) $100 if the judgment includes a sentence for a felony;
        (2) $50 if the judgment does not include a sentence for a felony.
   (c) If the court places the defendant on probation, the court shall order that the defendant pay an additional correctional facility surcharge of $100. The additional surcharge shall be suspended but later imposed if the defendant's probation is revoked and, in connection with the probation revocation, the defendant
        (1) was arrested and taken to a correctional facility, regardless of whether the defendant was released or admitted to the facility; or
        (2) is ordered to serve a term of imprisonment for the probation revocation.
   (d) The court shall include a surcharge imposed under (a) of this section in the judgment of conviction. The court shall include the imposition of a surcharge under (c) of this section in the order revoking probation. For a surcharge that is not paid by the person as required by this section, the state shall seek reimbursement from the person's permanent fund dividend as provided under AS 43.23.065. For purposes of collection and priority of attachment under AS 43.23.065, a surcharge imposed under this section is accounted for in the same manner as a cost of imprisonment under AS 28.35.030(k) and 28.35.032(o). The state may enforce payment of a surcharge under this section under AS 09.35 as if it were a civil judgment enforceable by execution. This subsection does not limit the authority of the court to enforce surcharges.
   (e) In this section, "correctional facility" has the meaning given in AS 33.30.901.

Notes

Recent Bills that will modify this

HB 365 INCOME TAX; PERMANENT FUND TAX CREDIT

History

(Sec. 1 ch 88 SLA 2004)