That's a good question.
Ultimately, it will come down to a judge in an individual case.
I'd note, for example, that the victim surcharge functions a little bit differently from the restitution provision. It serves a little bit of a different purpose in that it's providing general funding for victim services as opposed to specific reparation for someone who's injured.
It's a valid consideration, and it would be a judge in an individual case who determines which structure of those provisions best meets the objectives of sentencing for that offender.
