(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

criminal case

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Alaska Statutes 12.55.041

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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) 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 Alaska Stat. § 43.23.140. For purposes of collection and priority of attachment under Alaska Stat. § 43.23.140, a surcharge imposed under this section is accounted for in the same manner as a cost of imprisonment under Alaska Stat. § 28.35.030(k) and 28.35.032(o). The state may enforce payment of a surcharge under this section under Alaska Stat. Chapter 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 Alaska Stat. § 33.30.901.
  Previous section
Next section  
 Chapter 55 Contents