(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

criminal case

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Terms Used In Alaska Statutes 12.55.039

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(1) felony shall be assessed a surcharge of $200;
(2) violation of a misdemeanor offense under Alaska Stat. § 28.33.030, 28.33.031, Alaska Stat. § 28.35.030, or 28.35.032, or a violation of a municipal ordinance comparable to a misdemeanor offense under Alaska Stat. § 28.33.030, 28.33.031, Alaska Stat. § 28.35.030, or 28.35.032 and adopted under Alaska Stat. § 28.01.010, shall be assessed a surcharge of $150;
(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 $100;
(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 Alaska Stat. § 29.25.070 (a) if a sentence of incarceration may not be imposed for the ordinance violation, shall be assessed a surcharge of $20 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 Alaska Stat. § 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 Alaska Stat. § 37.05.142.
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