(1) Each juvenile who is convicted as an adult of a violent crime shall be required to pay a surcharge to the clerk of the court in which the conviction occurs in an amount equal to any fine imposed by such court.
(2) The clerk of the court shall allocate the surcharge required by subsection (1) of this section as follows:
(a) (I) Five percent shall be retained by the clerk for administrative costs incurred pursuant to this section. Such amount retained shall be transmitted to the state treasurer, who shall credit the same to the general fund, and such amount shall be subject to appropriation by the general assembly for the costs of such administration.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (a), on and after July 1, 2008, the portion of the surcharge that is retained under this paragraph (a) shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (6), C.R.S.
(b) Ninety-five percent shall be transferred to the state treasurer who shall credit the same to the youthful offender system surcharge fund created pursuant to subsection (3) of this section.
There is hereby created in the state treasury a youthful offender system surchargefund which shall consist of moneys received by the state treasurer pursuant to paragraph (b) of subsection (2) of this section. In accordance with section 24-36-114, C.R.S., all interest derived from the deposit and investment of this fund shall be credited to the general fund. Any moneys not appropriated by the general assembly shall remain in the youthful offender system surcharge fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. All moneys in the fund shall be subject to annual appropriation by the general assembly to the department of corrections to cover the direct and indirect costs associated with the rehabilitation, education, and treatment of youthful offenders sentenced to a youthful offender system.
A surcharge assessed by the court pursuant to this section may be collected in thesame manner as a judgment in a civil action and the court shall order the district attorney to institute proceedings to collect such surcharge if the court finds that a juvenile convicted as an adult of a violent crime is financially unable to pay all or any portion of such surcharge at the time of sentencing.
Source: L. 93, 1st Ex. Sess.: Entire article added, p. 27, § 1, effective September 13. L. 94: (3) amended, p. 2657, § 143, effective July 1. L. 96: (3) amended, p. 1693, § 30, effective January 1, 1997. L. 2007: (2)(a) amended, p. 1538, § 30, effective May 31. L. 2008: (2)(a)(II) amended, p. 2146, § 22, effective June 4.
Cross references: For the legislative declaration contained in the 2008 act amending subsection (2)(a)(II), see section 1 of chapter 417, Session Laws of Colorado 2008.