1. The governing body of a county shall, by resolution, authorize the district judges serving that county to assess a fee under subsection 3 of not more than twenty -five dollars as part of a sentence imposed on a defendant who pleads guilty to or is convicted of a criminal offense or of violating a municipal ordinance for which the maximum penalty that may be imposed by law for the offense or violation includes imprisonment. 2. The governing body of a city shall, by ordinance, authorize a municipal judge to assess a fee under subsection 3 of not more than twenty -five dollars as part of a sentence imposed on a defendant who pleads guilty to or is convicted of violating a municipal ordinance for which the maximum penalty that may be imposed under the ordinance for the violation includes imprisonment. 3. The governing body of the county or city shall determine the amount of the fee to be assessed in all cases or it may authorize the district or municipal judge to determine the amount of the fee to be assessed in each case. The fee assessed under this section is in addition to any fine, penalty, costs, or administrative fee prescribed by law. The district or municipal judge shall assess the fee when sentence is imposed or when sentence is suspended or imposition of sentence is deferred, unless the defendant is indigent and unable to pay the fee. All fees paid to a district or municipal court under this section must be deposited monthly in the county or city treasury for allocation by the governing body of the county or city to one or more of the following programs as determined by the governing body or by agreement of the attorney general, the North Dakota league of cities, and the North Dakota association of counties: a. A private, nonprofit domestic violence or sexual assault program. b. A victim and witness advocacy program of which the primary function is to provide direct services to victims of and witnesses to crime. c. The statewide automated victim information and notification system, as provided for under chapter 12.1-34.
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