Section 45-34-81.03
Additional booking fee in certain cases.
(a)(1) In Henry County, a booking fee in the amount of forty-five dollars ($45) shall be assessed against and collected from each person booked or incarcerated into the Henry County Jail and subsequently convicted.
(2) The fee assessed pursuant to this section shall be in addition to any fines, court costs, or other charges imposed.
(b)(1) The booking fee imposed by this section shall be assessed against a defendant upon conviction by a court of law where the defendant is convicted.
(2) The clerk of the court shall enter the amount of the fee as provided in this section on the docket sheet and shall collect the fee in the same manner and the same time as court costs.
(3) Notwithstanding subdivision (2), the fee may not be deemed a court cost based on collection by the clerk.
(c) The revenues derived from the booking fee shall be distributed as follows: Twenty dollars ($20) of the fee to the Henry County Sheriff's Office, fifteen dollars ($15) of the fee shall be distributed to the Henry County Commission - Jail Fund to be used for the operation of the jail, and ten dollars ($10) of the fee shall be distributed to the Henry County Circuit Clerk Fund to be used for the operation of the office.
(d)(1) In any case where the booking fee provided by this section is not paid, the circuit clerk of the court may assist in the collection of the fees.
(2) In addition, the sheriff may contract for the collection of the fees and pay a portion of the fees as a cost for collection.
(e)(1) The sheriff may withhold funds of a person who is incarcerated in the Henry County Jail equal to the amount of the booking fee which shall be applied toward the assessment of the booking fee.
(2) If no conviction results, the moneys shall be repaid to the defendant after dismissal of all charges or acquittal.
(f) Any revenues derived from this section shall be in addition to other funding sources for the Henry County Sheriff's Office, the Henry County Commission - Jail Fund, and the Henry County Circuit Clerk's Office and shall not reduce any funding from any other sources.
(Act 2018-226, §1.)