51-9-402 - Division of collected monies retained by state treasurer and local governmental collecting entity -- Purpose of surcharge -- Allocation of collections -- Financial information.
51-9-402. Division of collected monies retained by state treasurer and localgovernmental collecting entity -- Purpose of surcharge -- Allocation of collections --Financial information.
(1) The amount of the surcharge imposed under this part by courts of record shall becollected before any fine and deposited with the state treasurer.
(2) The amount of the surcharge and the amount of criminal fines, penalties, andforfeitures imposed under this part by courts not of record shall be collected concurrently.
(a) As monies are collected on criminal fines, penalties, and forfeitures subject to the90% surcharge, the monies shall be divided pro rata so that the local governmental collectingentity retains 53% of the collected monies and the state retains 47% of the collected monies.
(b) As monies are collected on criminal fines, penalties, and forfeitures subject to the35% surcharge, the monies shall be divided pro rata so that the local governmental collectingentity retains 74% of the collected monies and the state retains 26% of the collected monies.
(c) The court shall deposit with the state treasurer the surcharge portion of all monies asthey are collected.
(3) Courts of record, courts not of record, and administrative traffic proceedings shallcollect financial information to determine:
(a) the total number of cases in which:
(i) a final judgment has been rendered;
(ii) surcharges and fines are paid by partial or installment payment; and
(iii) the judgment is fulfilled by an alternative method upon the court's order; and
(b) the total dollar amounts of surcharges owed to the state and fines owed to the stateand county or municipality, including:
(i) waived surcharges;
(ii) uncollected surcharges; and
(iii) collected surcharges.
(4) The courts of record, courts not of record, and administrative traffic proceedings shallreport all collected financial information monthly to the Administrative Office of the Courts. The collected information shall be categorized by cases subject to the 90% and 35% surcharge.
(5) The purpose of the surcharge is to finance the trust funds and support accounts asprovided in this part.
(6) (a) From the surcharge, the Division of Finance shall allocate in the manner and forthe purposes described in Sections 51-9-403 through 51-9-411.
(b) Allocations shall be made on a fiscal year basis.
(7) The provisions of this section and Section 51-9-401 may not impact the distributionand allocation of fines and forfeitures imposed in accordance with Sections 23-14-13,78A-5-110, and 78A-7-120.
Amended by Chapter 402, 2010 General Session