§ 1-40-119 — Surcharge to be assessed in certain criminal cases; paid to account

(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, the following criminal offenses shall be assessed
a surcharge of not less than one hundred dollars ($100.00) nor
more than three hundred dollars ($300.00) for the offenses
specified in paragraph (v) of this subsection, not less than one
hundred fifty dollars ($150.00) nor more than three hundred
fifty dollars ($350.00) for the first plea to or conviction of
offenses specified in paragraphs (i) through (iv) of this
subsection, and not less than two hundred dollars ($200.00) nor
more than four hundred dollars ($400.00) for each subsequent
plea to or conviction of offenses specified in paragraphs (i)
through (iv) of this subsection:
(i) Any violation of W.S. 6-1-101 through 6-2-313 and
6-2-319 through 6-10-203;
(ii) Any violation of W.S. 31-5-225, 31-5-229,
31-5-233 or 41-13-220(a);
(iii) Any violation of W.S. 35-7-1001 through
35-7-1057;
(iv) Any violation of W.S. 6-2-314 through 6-2-318;
(v) Any violation of a municipal ordinance which has
substantially similar elements to the criminal offenses
specified in paragraphs (ii) through (iv) of this subsection or
any other violation of a municipal ordinance which causes actual
damage to persons or property.
(b) The surcharge enumerated in subsection (a) of this
section shall be imposed upon any defendant for whom
prosecution, trial or sentence is deferred under W.S. 7-13-301
and 7-13-302 or who participates in any other diversion
agreement.
(c) Under no circumstances shall a court fail to impose
the surcharge required by subsections (a) and (b) of this
section if the court determines the defendant has an ability to
pay or that a reasonable probability exists that the defendant
will have an ability to pay.
(d) The surcharge shall be paid within ten (10) days of
imposition unless the court determines that it shall be paid in
installments over a reasonable period of time. Failure to comply
with the provisions for payment of the surcharge is punishable
as contempt of court. Contempt proceedings or other proceedings
to collect the surcharge may be initiated by the prosecuting
attorney, by the court on its own motion or by the division.
(e) Monies paid to the court by a defendant shall be
applied to the surcharge before being applied to any fine,
penalty, cost or assessment imposed upon the defendant. The
proceeds from the surcharge imposed by this section shall be
remitted promptly by the clerk of the court to the division for
deposit in the account.