Drug court surcharge.

ORIGINAL
House
Bill No
.
HB0081

ENROLLED ACT NO. 39,

HOUSE OF REPRESENTATIVES

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2016 Budget Session

AN ACT relating to court supervised treatment; providing for the assessment of a surcharge for specified offenses to be paid to the court supervised treatment account; authorizing a court to waive the surcharge for good cause; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 7
‑
13
‑
1616 is created to read:

7
‑
13
‑
1616
.

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, any offense under W.S.
31
‑
5
‑
233 or
35
‑
7
‑
1001 through 35
‑
7
‑
1057
may
be assessed a surcharge of not more than f
ifty
dollars
($50.00)
.

(b)

The surcharge
may
be imposed upon any defendant for whom prosecution, trial or sentence is deferred under W.S. 7
‑
13
‑
301 and 7
‑
13
‑
302
or 35
‑
7
‑
1037
or who participates in any other diversion agreement
for an offense specified in subsection (a) of this section
.

(c)

The court may waive
the
surcharge if the person is unable to pay the surcharge or for any other good cause shown.
The court shall consider all other financial obligations imposed on the defendant and set
the surcharge
so as not to create an undue financial burden
on the defendant
.

(d)

The surcharge shall be paid within ten (10) days of imposition. Failure to comply with the provisions for payment of the surcharge is punishable
as contempt of court. Contempt
or other proceedings
, including proceedings
under W.S. 6
‑
10
‑
105, if applicable,
to collect the surcharge may be initiated by the
district
attorney or by the court on its own motion.

(e)

The proceeds from the surcharge imposed by this section shall be remitted promptly by the clerk of the court to the department for deposit in the account.

Section 2
.

W.S. 7
‑
13
‑
421(
h)(ii), 7
‑
13
‑
1602(a)(xviii), 7
‑
16
‑
205(a)(v) and 7
‑
18
‑
114(a)(iv) are amended to read:

7
‑
13
‑
421
.

Restitution as condition of parole.

(h)

The board may require payment of the following obligations as conditions of parole if it finds the parolee is reasonably capable of making the payments, taking into account the factors enumerated in W.S. 7
‑
9
‑
106(
a)(iii):

(ii)

Court ordered fines, reimbursement for the services of the public defender or court appointed counsel
,

and
the surcharge imposed under W.S. 1
‑
40
‑
119
and the surcharge imposed under W.S. 7
‑
13
‑
1616
;

7
‑
13
‑
1602
.

Definitions.

(a)

As used in this act:

(xviii)

"This act" means W.S. 7
‑
13
‑
1601 through
7
‑
13
‑
1615

7
‑
13
‑
1616
.

7
‑
16
‑
205
.

Disposition of earnings; confidentiality of amount.

(a)

Payment for services performed by any prisoner under W.S. 7
‑
16
‑
202 shall be deposited in the trust and agency account at the institution and shall be disbursed
for the purposes provided in this subsection and in the order specified:

(v)

Court ordered restitution, fines, sanctions and reimbursement for the services of public defender or court appointed counsel, the surcharge imposed under W.S. 1
‑
40
‑
119
,

and
victims compensation obligations under W.S. 1
‑
40
‑
112(g)
and the surcharge imposed under W.S. 7
‑
13
‑
1616
;

7
‑
18
‑
114
.

Record and disbursement of wages; exemption from process; confidentiality of amount.

(a)

Wages earned by an inmate, parolee or offender while in an adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed for the purposes provided in this subsection and in the order specified:

(iv)

Court ordered restitution, fines, sanctions and reimbursement for the services of public defender or court appointed counsel, the surcharge imposed under W.S. 1
‑
40
‑
119
,

and
victims compensation obligations under W.S. 1
‑
40
‑
112(g)
and the surcharge imposed under W.S. 7
‑
13
‑
1616
;

Section
3
.

This
act is effective July 1,
201
6
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk

1