HB 12-1226 Summary

• Establishes a mandatory surcharge on persons convicted of crimes against at-risk adults or juveniles, ranging from $75 for Class 3 misdemeanors to $1,500 for Class 2 felonies.

• Creates the Crimes Against At-Risk Persons Surcharge Fund to receive 95% of collected surcharge revenues, with 5% retained by courts for administrative costs.

• Directs fund moneys to the State Office on Aging for distribution through a fiscal agent to nonprofit programs providing respite care services for caregivers of at-risk individuals.

• Allows courts to waive surcharges in whole or in part if a convicted person is indigent or financially unable to pay.

• Takes effect August 15, 2012, subject to voter approval if a referendum petition is filed within 90 days of legislative adjournment; applies to convictions on or after the effective date.