September 4, 1985

Opinion concerning multiple questions. Which assessments should be collected when a person is convicted of a violation of §56-5-6450 of the 1976 Code, as amended, in the event the defendant, on or before the trial date, demonstrates to the court the acquisition of a child restraint system? Which assessments should be collected when a person is convicted of issuing a fraudulent check but, pursuant to § 34-ll-90(c) of the 1976 Code, as amended, the defendant makes satisfactory proof of restitution to the court. If a defendant is convicted and sentenced to a jail term without the opportunity to pay a fine, and regard less of whether the jail term is suspended, will the defendant be responsible for the payment of any of the above mentioned assessments? May any of the assessments be waived by the court if a convicted defendant is indigent and unable to pay? If the court may not waive any of the referenced assessments upon a showing of indigency, and the defendant cannot pay the assessments, or the defendant refuses to pay the assessments, what remedies are available to the magistrate or municipal judge?

Requested by: S. Jeff Boyd, Jr., Staff Attorney, South Carolina Court Administration

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