§ 12-25-28 Special indemnity account forcriminal injuries compensation. – (a) It is provided that the general treasurer establish a violent crimesindemnity account within the general fund for the purpose of paying awardsgranted pursuant to this chapter. The court shall assess as court costs inaddition to those provided by law, against all defendants charged with afelony, misdemeanor, or petty misdemeanor, whether or not the crime was a crimeof violence, and who plead nolo contendere, guilty or who are found guilty ofthe commission of those crimes as follows:
(1) Where the offense charged is a felony and carries amaximum penalty of five (5) or more years imprisonment, one hundred and fiftydollars ($150) or fifteen percent (15%) of any fine imposed on the defendant bythe court, whichever is greater.
(2) Where the offense charged is a felony and carries amaximum penalty of less than five (5) years imprisonment, ninety dollars($90.00) or fifteen percent (15%) of any fine imposed on the defendant by thecourt, whichever is greater.
(3) Where the offense charged is a misdemeanor, thirtydollars ($30.00) or fifteen percent (15%) of any fine imposed on the defendantby the court, whichever is greater.
(b) These costs shall be assessed whether or not thedefendant is sentenced to prison and in no case shall they be waived by thecourt unless the court finds an inability to pay.
(c) When there are multiple counts or multiple charges to bedisposed of simultaneously, the judge shall have the authority to suspend theobligation of the defendant to pay on all counts or charges above two (2).
(d) Up to fifteen percent (15%) of the state funds raisedunder this section, as well as federal matching funds, shall be available topay administrative expenses necessary to operate this program. Federal fundsfor this purpose shall not supplant currently available state funds, asrequired by federal law.
§ 12-25-28 Special indemnity account forcriminal injuries compensation. – (a) It is provided that the general treasurer establish a violent crimesindemnity account within the general fund for the purpose of paying awardsgranted pursuant to this chapter. The court shall assess as court costs inaddition to those provided by law, against all defendants charged with afelony, misdemeanor, or petty misdemeanor, whether or not the crime was a crimeof violence, and who plead nolo contendere, guilty or who are found guilty ofthe commission of those crimes as follows:
(1) Where the offense charged is a felony and carries amaximum penalty of five (5) or more years imprisonment, one hundred and fiftydollars ($150) or fifteen percent (15%) of any fine imposed on the defendant bythe court, whichever is greater.
(2) Where the offense charged is a felony and carries amaximum penalty of less than five (5) years imprisonment, ninety dollars($90.00) or fifteen percent (15%) of any fine imposed on the defendant by thecourt, whichever is greater.
(3) Where the offense charged is a misdemeanor, thirtydollars ($30.00) or fifteen percent (15%) of any fine imposed on the defendantby the court, whichever is greater.
(b) These costs shall be assessed whether or not thedefendant is sentenced to prison and in no case shall they be waived by thecourt unless the court finds an inability to pay.
(c) When there are multiple counts or multiple charges to bedisposed of simultaneously, the judge shall have the authority to suspend theobligation of the defendant to pay on all counts or charges above two (2).
(d) Up to fifteen percent (15%) of the state funds raisedunder this section, as well as federal matching funds, shall be available topay administrative expenses necessary to operate this program. Federal fundsfor this purpose shall not supplant currently available state funds, asrequired by federal law.
§ 12-25-28 Special indemnity account forcriminal injuries compensation. – (a) It is provided that the general treasurer establish a violent crimesindemnity account within the general fund for the purpose of paying awardsgranted pursuant to this chapter. The court shall assess as court costs inaddition to those provided by law, against all defendants charged with afelony, misdemeanor, or petty misdemeanor, whether or not the crime was a crimeof violence, and who plead nolo contendere, guilty or who are found guilty ofthe commission of those crimes as follows:
(1) Where the offense charged is a felony and carries amaximum penalty of five (5) or more years imprisonment, one hundred and fiftydollars ($150) or fifteen percent (15%) of any fine imposed on the defendant bythe court, whichever is greater.
(2) Where the offense charged is a felony and carries amaximum penalty of less than five (5) years imprisonment, ninety dollars($90.00) or fifteen percent (15%) of any fine imposed on the defendant by thecourt, whichever is greater.
(3) Where the offense charged is a misdemeanor, thirtydollars ($30.00) or fifteen percent (15%) of any fine imposed on the defendantby the court, whichever is greater.
(b) These costs shall be assessed whether or not thedefendant is sentenced to prison and in no case shall they be waived by thecourt unless the court finds an inability to pay.
(c) When there are multiple counts or multiple charges to bedisposed of simultaneously, the judge shall have the authority to suspend theobligation of the defendant to pay on all counts or charges above two (2).
(d) Up to fifteen percent (15%) of the state funds raisedunder this section, as well as federal matching funds, shall be available topay administrative expenses necessary to operate this program. Federal fundsfor this purpose shall not supplant currently available state funds, asrequired by federal law.
