51-9-401. Surcharge -- Application.
(1) A surcharge shall be paid on all criminal fines, penalties, and forfeitures imposed by the courts. The surcharge shall be: 90% upon conviction of a: felony; class A misdemeanor; violation of; or Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving class B misdemeanor not classified within, including violation of comparable county or municipal ordinances; or Title 41, Motor Vehicles 35% upon conviction of any other offense, including violation of county or municipal ordinances not subject to the 90% surcharge. The Division of Finance shall deposit into the General Fund an amount equal to the amount that the state retains under Section. 80-6-304
(2) The surcharge may not be imposed: upon nonmoving traffic violations; upon court orders when the offender is ordered to perform compensatory service work in lieu of paying a fine; and upon penalties assessed by the juvenile court as part of the nonjudicial adjustment of a case under Section. 80-6-304
(3) The surcharge and the exceptions under Subsectionsandapply to all fines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal if committed by an adult. (1) (2) Notwithstanding Subsection, the surcharge does not include amounts assessed or collected separately by juvenile courts for the Juvenile Restitution Account, which is independent of this part and does not affect the imposition or collection of the surcharge. (3)(a)
(4) The surcharge under this section shall be imposed in addition to the fine charged for a civil or criminal offense, and no reduction may be made in the fine charged due to the surcharge imposition.
(5) Fees, assessments, and surcharges related to criminal or traffic offenses shall be authorized and managed by this part rather than attached to particular offenses.