(1) Except as provided in subsection (4) of this section, whenever a circuit or municipal court or a justice of a justice court imposes a sentence of a fine, term of imprisonment, probation or any combination thereof, including a sentence imposed and thereafter suspended, as a penalty for an offense as defined in ORS 161.505, excluding parking violations, an assessment in addition to such sentence shall be collected.
(2) The assessment is not part of the penalty or in lieu of any part thereof. The amount of the assessment shall be as follows:
(a) $5, when the fine or forfeiture is $5 to $14.99.
(b) $15, when the fine or forfeiture is $15 to $49.99.
(c) $18, when the fine or forfeiture is $50 to $99.99.
(d) $25, when the fine or forfeiture is $100 to $249.99.
(e) $30, when the fine or forfeiture is $250 to $499.99.
(f) $66, when the fine or forfeiture is $500 or more.
(3) Assessments imposed under subsections (1) to (5) of this section shall be collected as provided in subsections (6) to (9) of this section.
(4) The court is not required to impose the assessment, or a part of the assessment, if it finds that the defendant is indigent or that imposition of the assessment would constitute an undue hardship.
(5) Payment to a court shall not be credited to the assessment described in subsections (1) to (5) of this section until all other fines, fees and assessments ordered by the court have been paid.
(6) Except as provided in subsections (7) and (8) of this section, amounts paid for the assessment imposed by this section must be transferred by the court to the county treasurer of the county in which the court is located not later than the last day of the month immediately following the month in which the amounts are collected.
(7) Prior to making payment to the county treasurer as provided in subsections (6) and (9) of this section, the clerk of a circuit, municipal or justice court:
(a) Shall withhold and deposit in the State Treasury to the credit of the State Court Facilities Security Account the following amounts:
(A) $3, when the assessment is $15.
(B) $4, when the assessment is $18.
(C) $5, when the assessment is $25.
(D) $6, when the assessment is $30.
(E) $7, when the assessment is $66.
(b) May withhold an amount equal to the reasonable costs incurred by the clerk in collection and distribution of the assessment.
(8) Prior to making payment to the county treasurer as provided in subsections (6) and (9) of this section, the clerk of a circuit, municipal or justice court:
(a) Shall withhold and deposit in the State Treasury to the credit of the Law Enforcement Medical Liability Account the following amounts:
(A) $1, when the assessment is $15 or $18.
(B) $2, when the assessment is $25 or $30.
(C) $5, when the assessment is $66.
(b) May withhold an amount equal to the reasonable costs incurred by the clerk in collection and distribution of the assessment.
(9) A city that lies in more than one county shall pay the assessments it collects to each county in proportion to the percent of the population of the city that resides in each county. [1991 c.778 §§4,5; 1993 c.14 §6; 1993 c.196 §1; 1993 c.637 §§13,13a; 1999 c.1051 §254; 2003 c.687 §4; 2005 c.804 §6]
EXECUTION OF JUDGMENT
(Imprisonment)
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