(a) In Baldwin County, in addition to any court costs and fees now or hereafter authorized in the county, additional court costs in the amount of ten dollars ($10) shall be assessed and collected as costs on each criminal case, including traffic cases, filed in the circuit court and district court, except those filed in the juvenile or family court.
(b)(1) The costs shall be collected as other costs in cases are assessed and collected by the clerk of the court and shall be paid by the clerk to the Baldwin County Commission. The county commission, in consultation with the judge assigned to the mental health diversionary program, shall distribute the proceeds of the court costs to the circuit court and the district attorney for the creation, implementation, and continuing administration of a mental health diversionary program, to be known as the "mental health court."
(2) The fees shall not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the case are waived.