77-2-4.3. Compromise of boating violations -- Limitations.
(1) As used in this section: "Compromise" means referral of a person charged with a boating violation to a boating safety course approved by the Division of Outdoor Recreation. "Boating violation" means any charge for which bail may be forfeited in lieu of appearance, by citation or information, of a violation of, amounting to: Title 73, Chapter 18, State Boating Act a class B misdemeanor; a class C misdemeanor; or an infraction.
(2) Any compromise of a boating violation shall be done pursuant to a plea in abeyance agreement as provided in, except: Title 77, Chapter 2a, Pleas in Abeyance when the criminal prosecution is dismissed pursuant to Section; or 77-2-4 when there is a plea by the defendant to and entry of a judgment by a court for the offense originally charged or for an amended charge.
(3) In a case that is compromised pursuant to Subsection: (2) the court, taking into consideration the offense charged, shall collect a plea in abeyance fee which shall: be subject to the same surcharge as if imposed on a criminal fine; be allocated subject to the surcharge as if paid as a criminal fine under Sectionand a surcharge under; and 78A-5-110 Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation be not more than $25 greater than the bail designated in the Uniform Bail Schedule; or if no plea in abeyance fee is collected, a surcharge on the fee charged for the boating safety course shall be collected, which surcharge shall: be computed, assessed, collected, and remitted in the same manner as if the boating safety course fee and surcharge had been imposed as a criminal fine and surcharge; and be subject to the financial requirements contained in. Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation
(4) If a written plea in abeyance agreement is provided, or the defendant requests a written accounting, an itemized statement of all amounts assessed by the court shall be provided, including: the Uniform Bail Schedule amount; the amount of any surcharges being assessed; and the amount of the plea in abeyance fee.