What is the maximum amount the special expense fee may be?

• A. It equals court costs.
• B. It is a fixed $100.
• C. It may not exceed the amount of the fine that could be imposed.
• D. It is unlimited.

Answer: (C)

The main idea is that the special expense fee is capped by the penalty it helps cover. It is intended to recover costs related to court processing, but the amount cannot exceed the maximum fine that could be imposed for the offense. So it is neither a flat fixed amount nor unlimited, and it is not simply equal to court costs. If the offense could carry a maximum fine of, say, $250, the special expense fee cannot exceed $250. This keeps the fee proportional to the potential punishment and avoids overcharging beyond what the offense could carry.