(a) Generally. Unless otherwise ordered by the court, a judgment of conviction, an order accepting a plea of nolo contendere, or a disposition by probation before judgment shall include an assessment of court costs against the defendant.

(b) Special Costs. Costs assessed pursuant to Code, Courts Article, § 7-409 shall be assessed separately from other costs and shall not be waived by the court except upon an express finding stated on the record that the defendant is not likely to be able to pay any significant part of those costs within the succeeding twelve years.

Committee note: This Rule requires the court to consider a defendant's ability to pay court costs assessed pursuant to Code, Courts Article § 7-409 separately from the defendant's ability to pay all other court costs. In doing so, the court must make clear whether it is waiving costs under subsection (a) of this Rule, subsection (b) of this Rule, or both.

Code, Courts Article, § 7-405 directs that § 7-409 costs may not be waived “unless the defendant establishes indigency as provided in the Maryland Rules.” Coupled with Rule 4-354, the Rule addresses the fact that indigence, for purposes of these special costs, should not be found merely because a defendant may be indigent for other purposes. The special costs are modest in amount; they are not part of the sentence but are instead enforceable as a civil judgment which, subject to renewal, is valid for 12 years; and they are not in the nature of pre-paid costs and do not have to be paid at the time of sentencing unless the court so directs. By statute, these costs are used solely to support victim services.

Source: This Rule is derived in part from former Rule 764 and former M.D.R. 764 and is in part new.