3-1-318. Surcharges upon certain criminal convictions -- exception. (1) Except as provided in subsection (2), all courts of limited jurisdiction, except small claims courts, shall impose a $10 surcharge on a defendant who is convicted of criminal conduct under state statute or who forfeits bond.
(2) A court may not waive payment of the surcharge unless the court determines that the defendant is unable to pay the surcharge. Inability to pay must be supported by a sworn statement from the defendant demonstrating financial inability to pay without substantial hardship in providing for personal or family necessities. The statement is not admissible in the proceeding unless offered for impeachment purposes and is not admissible in a subsequent prosecution for perjury or false swearing.
(3) The surcharge imposed by this section is not a fee or a fine and must be imposed in addition to other taxable court costs, fees, or fines. The surcharge may not be used in determining the jurisdiction of any court.
(4) The amounts collected under this section must be deposited in the court-appointed special advocate account established in 3-1-707.
History: En. Sec. 2, Ch. 298, L. 2003; amd. Sec. 8, Ch. 384, L. 2017.
Structure Montana Code Annotated
Chapter 1. Courts and Judicial Officers Generally
Part 3. General Rules Regarding Procedure
3-1-301. Days on which courts may be held
3-1-303. Adjournments from nonjudicial days
3-1-304. Adjournment for absence of judge
3-1-305. Adjournment until next regular term
3-1-306. through 3-1-310 reserved
3-1-311. Proceedings not affected by vacancy in office
3-1-312. Sittings of court to be public
3-1-313. Sittings of court -- when private
3-1-314. Proceedings to be in English language
3-1-315. Abbreviations and figures
3-1-317. User surcharge for court information technology -- exception
3-1-318. Surcharges upon certain criminal convictions -- exception