Disposition of costs, fees, fines, penalties, forfeitures, and other revenues; restitution charge to Victim Compensation Fund.

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Except as provided in Sections 17-15-260, 34-11-90, and 56-5-4160, on January 1, 1995, fifty-six percent of all costs, fees, fines, penalties, forfeitures, and other revenues generated by the circuit courts and the family courts, except the one-hundred-dollar-filing fee prescribed in Section 8-21-310(C)(1) must be remitted to the county in which the proceeding is instituted and forty-four percent of the revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer on forms and in a manner prescribed by him. When a payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis. The forty-four percent remitted to the State Treasurer must be deposited as follows:

(1) 72.93 percent to the general fund;

(2) 16.73 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(3) 10.34 percent to the Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation, Victim Compensation Fund.

In any court, when sentencing a person convicted of an offense which has proximately caused physical injury or death to the victim, the court may order the defendant to pay a restitution charge commensurate with the offense committed, not to exceed ten thousand dollars, to the Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation, Victim Compensation Fund.

HISTORY: 1994 Act No. 497, Part II, Section 36A, eff January 1, 1995; 1997 Act No. 155, Part II, Section 36C, eff July 1, 1997; 2017 Act No. 96 (S.289), Pt. II, Section 4.C, eff July 1, 2017.

Effect of Amendment

2017 Act No. 96, Pt. II, Section 4.C, in the first undesignated paragraph, deleted "50-1-150, 50-1-170," following "34-11-90", substituted "one-hundred-dollar-filing" for "seventy dollar filing" and "county treasurer" for "County Treasurer"; in (3), substituted "Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation, Victim Compensation Fund" for "State Office of Victim Assistance under the South Carolina Victim's Compensation Fund"; and in the second undesignated paragraph, substituted "Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation, Victim Compensation Fund" for "Victim's Compensation Fund".


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