(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
(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 AS 43.23.140. For purposes of collection and priority of attachment under AS 43.23.140, a surcharge imposed under this section is accounted for in the same manner as a cost of imprisonment under AS 28.35.030(k) and 28.35.032(o). The state may enforce payment of a surcharge under this section under AS 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 AS 33.30.901.
Structure Alaska Statutes
Title 12. Code of Criminal Procedure
Chapter 55. Sentencing and Probation
Sec. 12.55.005. Declaration of purpose.
Sec. 12.55.011. Victim and community involvement in sentencing.
Sec. 12.55.015. Authorized sentences; forfeiture.
Sec. 12.55.022. Victim impact statement.
Sec. 12.55.023. Participation by victim in sentencing.
Sec. 12.55.025. Sentencing procedures.
Sec. 12.55.027. Credit for time spent toward service of a sentence of imprisonment.
Sec. 12.55.041. Correctional facility surcharge.
Sec. 12.55.045. Restitution and compensation.
Sec. 12.55.051. Enforcement of fines and restitution.
Sec. 12.55.055. Community work.
Sec. 12.55.078. Suspending entry of judgment.
Sec. 12.55.080. Suspension of sentence and probation.
Sec. 12.55.085. Suspending imposition of sentence.
Sec. 12.55.086. Imprisonment as a condition of suspended imposition of sentence.
Sec. 12.55.088. Modification of sentence.
Sec. 12.55.090. Granting of probation.
Sec. 12.55.100. Conditions of probation.
Sec. 12.55.101. Additional conditions of probation for domestic violence crimes.
Sec. 12.55.102. Alcohol-related offenses.
Sec. 12.55.110. Notice and grounds for revocation of suspension.
Sec. 12.55.115. Fixing eligibility for discretionary parole at sentencing.
Sec. 12.55.120. Appeal of sentence.
Sec. 12.55.125. Sentences of imprisonment for felonies.
Sec. 12.55.127. Consecutive and concurrent terms of imprisonment.
Sec. 12.55.135. Sentences of imprisonment for misdemeanors.
Sec. 12.55.137. Penalties for gang activities punishable as misdemeanors.
Sec. 12.55.139. Penalties for criminal nonsupport and aiding nonpayment of child support.
Sec. 12.55.145. Prior convictions.
Sec. 12.55.147. Fingerprints at time of sentencing.
Sec. 12.55.148. Judgment for sex offenses or child kidnappings.
Sec. 12.55.155. Factors in aggravation and mitigation.
Sec. 12.55.165. Extraordinary circumstances.
Sec. 12.55.175. Three-judge sentencing panel.