12-116.02. Penalty assessments; fund deposits A. In addition to any other penalty assessment provided by law, there shall be levied a penalty assessment in an amount of thirteen per cent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and civil penalties imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17. B. If any deposit of bail or bond or deposit for an alleged civil traffic violation is to be made for a violation, the court shall require a sufficient amount to include the penalty assessment prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the amount of such penalty assessment shall be transmitted by the court pursuant to subsection E of this section. If bail, bond or deposit is returned, the penalty assessment made pursuant to this article shall also be returned. C. After addition of the penalty assessment, the courts may round the total amount due to the nearest one-quarter dollar. D. The judge may waive all or part of the civil penalty, fine, forfeiture and penalty assessment, except for civil penalties and fines that are mandatory, the payment of which would work a hardship on the persons convicted or adjudicated or on their immediate families. If a fine or civil penalty is mandatory, the judge may waive only all or part of the penalty assessments prescribed by subsection A of this section and section 12-116.01. If a fine or civil penalty is not mandatory and if a portion of the civil penalty, fine, forfeiture and penalty assessment is waived or suspended, the amount assessed must be divided according to the proportion that the civil penalty, fine, bail or bond, and the penalty assessment represent of the total amount due. E. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the assessments collected pursuant to subsections A and B of this section and a remittance report of the fines, civil penalties and assessments collected pursuant to subsections A and B of this section to the county treasurer, except that municipal courts shall transmit the assessments and the remittance report of the fines, civil penalties and assessments to the city treasurer. F. The thirteen per cent penalty assessment as required in subsection A of this section shall be transmitted by the appropriate authorities prescribed in subsection E of this section to the state treasurer on or before the fifteenth day of each month, for deposit in the medical services enhancement fund, established pursuant to section 36-2219.01. G. Partial payments of the amount due shall be transmitted as required in subsections E and F of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond, and the penalty assessment, represent of the total amount due.



12-117. Public defender training fund; appropriation A. The public defender training fund is established consisting of monies allocated to the fund pursuant to section 12-116. The supreme court shall administer the fund. B. Each month the supreme court shall deposit in the fund the monies collected for the fund. All monies deposited in the fund are continuously appropriated to the supreme court for distribution to each county public defender and the state capital postconviction public defender office as provided in subsection C of this section. C. The allocation of monies collected shall be made to each county public defender office and the state capital postconviction public defender office in proportion to the number of felony cases assigned to that office in the last fiscal year. D. Monies received shall be used exclusively for the purpose of public defender training. Each public defender office receiving training fund monies shall submit to the supreme court an annual report of all financial receipts and expenditures from the training fund.





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