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Information

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:

  • 35.12% to the Department of Probation, Parole, and Pardon Services & the Shock Incarceration Program;

  • 22.49% to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;

  • .65% to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame.  Any surplus is retained for use in enforcement training programs;

  • 20.42% for the State Office of Victim Assistance;

  • 8.94% to the general fund;

  • 11.38% to the Office of Indigent Defense for the defense of indigents.

  • 1.0% to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation.

From the total revenues generated, $3,200,000 is required to be allocated to the following agencies for support of the programs specified:

  • $500,000 to the Department of Juvenile Justice for the Juvenile Arbitration Program;

  • $450,000 to the Department of Juvenile Justice for the Marine Institutes;

  • $500,000 to the Department of Juvenile Justice for regional status offender programs of which $106,000 must be allocated to the Anderson County Upstate Youth Camp;

  • $1,750,000 to the Office of Indigent Defense for use in offsetting budget cuts.

$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:

  • 37.75% to the circuit solicitors for the operation of their offices;

  • 22.10% to the Dept. of Juvenile Justice for the Coastal Evaluation Center, for Assault Prevention, and other federal lawsuit related expenses;

  • 15% to the State Law Enforcement Division for its general purposes;

  • 15% to the Dept. of Corrections for its general purposes;

  • 3.75% to the Attorney General's Office for its general purposes;

  • 3.75% to the Judicial Dept. for its general purposes;

  • 1.55% to the Dept. of Natural Resources for statewide police responsibilities;

  • 1% to the Office of Appellate Defense for its general purposes;

  • .10% to the Forestry Commission for statewide police responsibilities.

 

$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:

  • 84% to the Department of Disabilities and Special Needs for the Head and Spinal Cord Injuries Family Support Program; and

  • 16% to the Department of Health and Environmental Control for Emergency Medical Services - Aid to Counties, restricted.

$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.