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ASSESSMENTS & SURCHARGES
Generally, the revenue generated from criminal fines, penalties, and forfeitures in the magistrate court is retained by the county. Magistrates are required to turn over to the county treasurer all criminal fines, penalties or forfeitures, collected during the preceding month, on the first Wednesday or within ten days thereafter, during each successive month. Likewise, a full and accurate statement of all criminal monies collected must also be furnished to the county auditor.
107.5% ASSESSMENT Section 14-1-207 requires a 107.5% assessment on all fines actually imposed in the magistrate court. This assessment cannot be waived, reduced, or suspended. The amount collected as assessments is forwarded each month to the county treasurer, who retains 12% of the revenue generated by the assessment for the county, and transmits the remaining 88% to the state treasurer. The 12% retained by the county is used exclusively for providing victim services as required by law. The remaining 88% of the assessments collected are disbursed by the state treasurer as follows:
From the total revenues generated, $3,200,000 is required to be allocated to the following agencies for support of the programs specified:
$25 VICTIM SERVICES SURCHARGE In addition to all other assessments and surcharges, section 14-1-211 requires that a $25.00 surcharge be imposed on all convictions obtained in the magistrate courts and a $100.00 surcharge be imposed on all convictions obtained in general sessions court. This surcharge is not imposed for misdemeanor traffic offenses. The surcharge is required to be imposed, however, on DUI offenses. No portion of the surcharge may be waived, reduced, or suspended. Section 22-3-545(E) requires that the surcharge be $100.00 for convictions in Transfer Court. These funds are required to be retained by the county for the purpose of providing services for the victims of crime, including those required by law.
$25 LAW ENFORCEMENT SURCHARGE In addition to all other assessments and surcharges, during Fiscal Year 2003-04, a $25 surcharge is also levied on all monetary penalties imposed for misdemeanor traffic offenses or for non-traffic violations. No portion of this surcharge may be waived, reduced, or suspended. These funds are disbursed by the state treasurer as follows:
$100 DUI SURCHARGE Section 14-1-211(A)(2) requires that a $100 surcharge be imposed on all convictions of DUI. No portion of the surcharge may be waived, reduced, or suspended. These funds are transmitted to the state treasurer, who puts these funds in a separate account to be used for spinal cord research at the Medical University of South Carolina.
$12 DUI ASSESSMENT Section 56-5-2995(A) requires that a $12 assessment be imposed on all convictions for DUI in the magistrate court. These funds are transmitted to the state treasurer, who distributes them as follows:
$100 DRUG OFFENSE SURCHARGE In addition to all other assessments and surcharges required to be imposed by law, during Fiscal Year 2003-04, a $100.00 surcharge is also levied on all monetary penalties imposed for drug offenses. No portion of the surcharge may be waived, reduced, or suspended. These funds are sent to the Prosecution Coordination Commission which apportions these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the population of the State as a whole. The funds are required to be used for drug treatment court programs only.
$41 FRAUDULENT CHECK COURT COSTS Section 34-11-70 entitles the magistrate court to collect from the defendant in a fraudulent check case reasonable administrative court costs not to exceed $41.00 if the court dismisses the case upon satisfactory proof of restitution. Section 34-11-90 entitles the magistrate court to collect the court costs in addition to the fine and other assessments if there is a conviction in a fraudulent check case. These funds are turned over to the county treasurer and retained by the county.
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