§ 12-18.1-3 - Court costs.
SECTION 12-18.1-3
§ 12-18.1-3 Court costs. – (a) The court shall assess as court costs, in addition to those otherwiseprovided by law, against all defendants charged with a felony, misdemeanor, orpetty misdemeanor, and who plead nolo contendere or guilty or who are foundguilty of the commission of those crimes, as follows:
(1) Where the offense charged is a felony and carries amaximum penalty of five (5) or more years imprisonment, three hundred dollars($300) or ten percent (10%) of any fine imposed on the defendant by the court,whichever is greater;
(2) Where the offense charged is a felony and carries amaximum penalty of less than five (5) years imprisonment, one hundred eightydollars ($180) or ten percent (10%) of any fine imposed on the defendant by thecourt, whichever is greater; and
(3) Where the offense charged is a misdemeanor, sixty dollars($60.00) or ten percent (10%) of any fine imposed on the defendant by thecourt, whichever is greater.
(b) These costs shall be assessed whether or not thedefendant is sentenced to prison and in no case shall they be remitted by thecourt.
(c) When there are multiple counts or multiple charges to bedisposed of simultaneously, the judge shall have the authority to suspend theobligation of the defendant to pay on all counts or charges above two (2).
(d) If the court determines that the defendant does not havethe ability to pay the costs as set forth in this section, the judge may byspecific order mitigate the costs in accordance with the court's determinationof the ability of the offender to pay the costs.