Current through the 2024 Legislative Session
Section 351-62.6 - Compensation fee(a) The court shall impose a compensation fee upon every defendant who has been convicted or who has entered a plea under section 853-1 and who is or will be able to pay the compensation fee. The amount of the compensation fee shall be commensurate with the seriousness of the offense as follows:(1) Not less than $105 nor more than $505 for a felony;(2) $55 for a misdemeanor; and(3) $30 for a petty misdemeanor. The compensation fee shall be separate from any fine that may be imposed under section 706-640 and shall be in addition to any other disposition under this chapter; provided that the court shall waive the imposition of a compensation fee if the defendant is unable to pay the compensation fee. Moneys from the compensation fees shall be deposited into the crime victim compensation special fund under section 351-62.5.
(b) The criteria of section 706-641 may apply to this section. In setting the amount of the compensation fee to be imposed, the court shall consider all relevant factors, including but not limited to:(1) The seriousness of the offense;(2) The circumstances of the commission of the offense;(3) The economic gain, if any, realized by the defendant;(4) The number of victims; and(5) The defendant's earning capacity, including future earning capacity.(c) The compensation fee shall be considered a civil judgment.L 1998, c 206, §2; am L 1999, c 18, §8; am L 2000, c 115, §2; am L 2005, c 144, §1 .