§62-5-10. Mandatory cost assessed upon conviction of a felony.
(a) Every circuit court shall assess, in every felony criminal
matter as a cost to the defendant, an assessment in the sum of
seventy-five dollars for each felony count of conviction. The
assessment referred to herein shall be paid upon adjudication of
guilt unless the court determines that the defendant is unable to
pay in such a manner in which case payment of the assessment shall
be paid prior to final disposition. If the circuit court
determines that a defendant is financially unable to pay the
assessment prior to final disposition, payment of the assessment
shall be a mandatory condition of probation or parole.
(b) The clerk of the circuit court wherein the assessment is
imposed under the provisions of subsection (a) of this section
shall, on or before the last day of each month, transmit all costs
received pursuant to this section to the state treasurer for
deposit as follows: Fifty dollars to the credit of the crime
victims compensation fund created by the provisions of section
four, article two-a, chapter fourteen of this code and twenty-five
dollars to the credit of the West Virginia community corrections
fund created by the provisions of section four, article eleven-c of
this chapter.